§ 5302. General provisions

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be followed by a semicolon.

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 I § 102 · 88 Stat. 634

   Enacted · 42 U.S.C. § 5302

   Pub. L. 93–383, title I, § 102, Aug. 22, 1974, 88 Stat. 635

   Source evidence

   Code source credit
   Pub. L. 93–383, title I, § 102, Aug. 22, 1974, 88 Stat. 635

   Enacted provision · exact public law section
   Sec. 102. definitions (a) As used in this title— 42 USC 5302. (1) The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions recognized by the Secretary; the District of Columbia; the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. Such term also includes a State or a local public body or agency (as defined in section 711 of the Housing and Urban Development Act of 1970), community association, or 42 USC 4512. other entity, which is approved by the Secretary for the purpose of providing public facilities or services to a new community as part of a program meeting the eligibility standards of section 712 of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968. (2) The term “State” means any State of the United States, or any instrumentality thereof approved by the Governor; and the Commonwealth of Puerto Rico. (3) The term “metropolitan area” means a standard metropolitan statistical area as established by the Office of Management and Budget. (4) The term “metropolitan city” means (A) a city within a metropolitan area which is the central city of such area, as defined and used by the Office of Management and Budget, or (B) any other city, within a metropolitan area, which has a population of fifty thousand or more. (5) The term “city” means (A) any unit of general local government which is classified as a municipality by the United States Bureau of the Census or (B) any other unit of general local government which is a town or township and which, in the determination of the Secretary, (i) possesses powers and performs functions comparable to those associated with municipalities, (ii) is closely settled, and (iii) contains within its boundaries no incorporated places as defined by the United States Bureau of the Census. (6) The term “urban county” means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and (B) has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities. (7) The term “population” means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. (8) The term “extent of poverty” means the number of persons whose incomes are below the poverty level. Poverty levels shall be determined by the Secretary pursuant to criteria provided by the Office of Management and Budget, taking into account and making adjustments, if feasible and appropriate and in the sole discretion of the Secretary, for regional or area variations in income and cost of living, and shall be based on data referable to the same point or period in time. (9) The term “extent of housing overcrowding” means the number of housing units with 1.01 or more persons per room based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. (10) The term “Federal grant-in-aid program” means a program of Federal financial assistance other than loans and other than the assistance provided by this title. (11) The term “program period” means the period beginning January 1, 1975, and ending June 30, 1975, and the period covering each fiscal year thereafter. (12) The term “Community Development Program” means a program described in section 104(a)(2). (13) The term “Secretary” means the Secretary of Housing and Urban Development. (b) Where appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Secretary may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget. (c) One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of general local government to undertake a Community Development Program in whole or in part.

2. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(a)(1) · 91 Stat. 1111

   Changed · 42 U.S.C. § 5302(a)(1)

   Pub. L. 95–128, § 102(a)(1), excluded from term “unit of general local government” Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos of the United States

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–128, § 102(a)(1), excluded from term “unit of general local government” Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos of the United States.

   Enacted provision · exact public law section
   (1) by striking out “the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States” in paragraph (1) and inserting in lieu thereof “and the Trust Territory of the Pacific Islands”;

3. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(a)(2) · 91 Stat. 1111

   Changed · 42 U.S.C. § 5302(a)(4)

   Pub. L. 95–128, § 102(a)(2), clarified term “metropolitan city” to continue the classification of any city classified as a metropolitan city under cl. (B) as such city until the decennial census indicates the population of such city is less than fifty thousand

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 95–128, § 102(a)(2), clarified term “metropolitan city” to continue the classification of any city classified as a metropolitan city under cl. (B) as such city until the decennial census indicates the population of such city is less than fifty thousand.

   Enacted provision · exact public law section
   (2) by inserting before the period at the end of paragraph (4) the following: except that any city which has been classified as a metropolitan city under clause (B) of this paragraph shall continue to be so classified until the decennial census indicates that the population of such city is less than fifty thousand”;

4. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(a)(3) · 91 Stat. 1111

   Changed · 42 U.S.C. § 5302(a)(5)

   Pub. L. 95–128, § 102(a)(3), limited the meaning of “city” to a town or township without any incorporated places within its boundaries which have entered into cooperation agreements with such town or township to undertake or to assist in the undertaking of essential community development and housing assistance activities

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 95–128, § 102(a)(3), limited the meaning of “city” to a town or township without any incorporated places within its boundaries which have entered into cooperation agreements with such town or township to undertake or to assist in the undertaking of essential community development and housing assistance activities.

   Enacted provision · exact public law section
   (3) by inserting the following before the period at the end of paragraph (5): “which have not entered into cooperation agreements with such town or township to undertake or to assist in the undertaking of essential community development and housing assistance activities”;

5. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(a)(4) · 91 Stat. 1111

   1. Inserted · 42 U.S.C. § 5302(a)(6)

      Pub. L. 95–128, § 102(a)(4), inserted “either” before “(B)”

   2. Added · 42 U.S.C. § 5302(a)(6)

      Pub. L. 95–128, § 102(a)(4), added cl. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 95–128, § 102(a)(4), inserted “either” before “(B)” and added cl. (C).

   Enacted provision · exact public law section
   (4) by inserting in paragraph (6) “either” before “(B)” and by inserting before the period at the end thereof the following: “or (C) has a population in excess of one hundred thousand, a population density of at least five thousand persons per square mile, and contains within its boundaries no incorporated places as defined by the United States Bureau of Census”;

6. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(a)(5) · 91 Stat. 1111

   1. Added · 42 U.S.C. § 5302(a)(10)(20)

      Pub. L. 95–128, § 102(a)(5), (6), added pars. (10) to (16)

   2. Redesignated · 42 U.S.C. § 5302(a)(10)(20)

      Pub. L. 95–128, § 102(a)(5), (6), redesignated former pars. (10) to (13) as (17) to (20)

   Source evidence

   Code amendment note
   Subsec. (a)(10) to (20). Pub. L. 95–128, § 102(a)(5), (6), added pars. (10) to (16) and redesignated former pars. (10) to (13) as (17) to (20).

   Enacted provision · exact public law section
   (5) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (17), (18), (19), and (20), respectively; and

7. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 § 102(b) · 91 Stat. 1111

   Added · 42 U.S.C. § 5302(d)

   Pub. L. 95–128, § 102(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–128, § 102(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Section 102 of such Act is amended by adding the following new subsection at the end thereof: “(d) An urban county designated under subsection (a)(6)(B)(i) of this section shall notify, prior to a date set by the Secretary for each year, all incorporated units of general local government the populations of which are included in the population of such urban county for purposes of this section of their opportunity to exclude their population from such urban county. Any unit of general local government which has not elected to have its population so excluded shall have its population included within the population of such urban county for purposes of this section until it, on its own initiative, elects to exclude its population by notifying the urban county on or before a date set by the Secretary.”.

8. 1979

   Housing and Community Development Amendments of 1979

   Pub. L. 96–153 title I § 103(f) · 93 Stat. 1101

   Inserted · 42 U.S.C. § 5302(a)(1)

   Pub. L. 96–153, inserted reference to Northern Mariana Islands in definition of unit of general local government

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 96–153, inserted reference to Northern Mariana Islands in definition of unit of general local government.

   Enacted provision · exact public law section
   (f) Section 102(a)(1) of such Act is amended by inserting “the Northern Mariana Islands,” after “Guam,”.

9. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 § 111(a) · 94 Stat. 1614

   Substituted · 42 U.S.C. § 5302(a)(3); 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(8)

   Pub. L. 96–399, § 111(a), substituted “Department of Commerce” for “Office of Management and Budget” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4), (8). Pub. L. 96–399, § 111(a), substituted “Department of Commerce” for “Office of Management and Budget” wherever appearing.

   Enacted provision · exact public law section
   (a) Section 102 of the Housing and Community Development Act of 1974 is amended by striking out “Office of Management and Budget” each place it appears in paragraphs (3), (4), and (8) of subsection (a) and in subsection (b) and inserting in lieu thereof “Department of Commerce”.

10. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 title I · 94 Stat. 1614

    1. Inserted · 42 U.S.C. § 5302(b)

       Pub. L. 96–399, §§ 101(a), 111(a), inserted provisions relating to prohibition of use, in fiscal years 1981 to 1983, of data from the 1980 Decennial Census, except those relating to population and poverty, for purposes of section 5318 and 5306, and prohibition on revision to criteria for establishment of a metropolitan area or definition of a central city, except for those newly qualifying

    2. Substituted · 42 U.S.C. § 5302(b)

       Pub. L. 96–399, §§ 101(a), 111(a), substituted “Department of Commerce” for “Office of Management and Budget”, wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–399, §§ 101(a), 111(a), inserted provisions relating to prohibition of use, in fiscal years 1981 to 1983, of data from the 1980 Decennial Census, except those relating to population and poverty, for purposes of section 5318 and 5306, and prohibition on revision to criteria for establishment of a metropolitan area or definition of a central city, except for those newly qualifying, and substituted “Department of Commerce” for “Office of Management and Budget”, wherever appearing.

    Enacted provision · exact public law
    TITLE I— COMMUNITY AND NEIGHBORHOOD DEVELOPMENT AND CONSERVATION Sec. 101. administration of community development program (a) Section 102(b) of the Housing and Community Development Act of 1974 is amended by adding the following new sentence at the end thereof: “Notwithstanding any other provision of law, for the fiscal years 1981, 1982, and 1983, (1) no data derived from the 1980 Decennial Census, as provided for in subchapter II of title 13, United 13 USC 21. 42 USC 5318. 42 USC 5306. States Code, except those relating to population and poverty, shall be taken into account for purposes of section 119 or the allocation of amounts under section 106, and (2) no revision to the criteria for establishing a metropolitan area or defining a central city of such an area published after January 1, 1980, shall be taken into account for purposes of this title, except that any area or city which would newly qualify as a metropolitan area or a central city of such an area by reason of any such revision shall be so considered.”. (b) (1) Section 102 of such Act is amended by striking out subsection (d) and inserting in lieu thereof the following: “(d) With respect to program years beginning with the program year for which grants are made available from amounts appropriated Post, p. 1618. for fiscal year 1982 under section 103(a)(1), the population of any unit of general local government which is included in that of an urban county as provided in subsection (a)(6)(B) shall be included in the population of such urban county for three program years beginning with the program year in which its population was first so included 42 USC 5306. and shall not otherwise be eligible for a grant under section 106 as a separate entity, unless the application by the urban county is disapproved or withdrawn prior to or during such three-year period. During any such three-year period, the population of any unit of general local government which is not included in that of the urban county for the first year shall not be eligible for such inclusion in the second or third year.”. (2) The amendment made by paragraph (1) shall take effect on October 1, 1981. (c) Section 102 of such Act is amended by adding at the end thereof the following: “(e) Any county seeking qualification as an urban county, including any urban county seeking to continue such qualification, shall notify, as provided in this subsection, each unit of general local government, which is included therein and is eligible to elect to have its population excluded from that of an urban county under subsection (a)(6)(B)(i), of its opportunity to make such an election. Such notification shall, at a time and in a manner prescribed by the Secretary, be provided so as to provide a reasonable period for response prior to the period for which such qualification is sought. The population of any unit of general local government which is provided such notification and which does not inform, at a time and in a manner prescribed by the Secretary, the county of its election to exclude its population from that of the county shall, if the county qualifies as an urban county, be included in the population of such urban county as provided in subsection (d).”. (d) Section 104 of such Act is amended by adding the following new 42 USC 5304. subsection at the end thereof: “(j) In any case in which a metropolitan city is located, in whole or in part, within an urban county, the Secretary may, upon the joint request of such city and county, approve the inclusion of the metropolitan city as part of the urban county for purposes of planning a joint community development program, meeting the application requirements of this section, and implementing such program.”. Sec. 102. pro rata reduction of grants Section 106(g) of the Housing and Community Development Act of 1974, as redesignated by section 111(d) of this Act, is 42 USC 5306. amended— (1) by striking out “fiscal year 1978, fiscal year 1979, or fiscal year 1980” and inserting in lieu thereof “any fiscal year”; (2) by striking out “and hold-harmless” wherever it appears; and (3) by striking out “(d)(2)” and “(f)(1)(B)” and inserting in lieu thereof “(c)” and “(e)”, respectively. Sec. 103. inclusion of certain independent cities in determining community development grant amounts for urban counties Section 106(b)(4) of the Housing and Community Development 42 USC 5306. Act of 1974 is amended to read as follows: “(4) In computing amounts or exclusions under this section with respect to any urban county, there shall be excluded units of general local government located in the county the populations of which are not counted in determining the eligibility of the urban county to receive a grant under this subsection, except that there shall be included any independent city (as defined by the Bureau of the Census) which— “(A) is not part of any county; “(B) is not eligible for a grant pursuant to subsection (b)(1); “(C) is contiguous to the urban county; “(D) has entered into cooperation agreements with the urban county which provide that the urban county is to undertake or to assist in the undertaking of essential community development and housing assistance activities with respect to such independent city; and “(E) is not included as a part of any other unit of general local government for purposes of this section. Any independent city which is included in any fiscal year for purposes of computing amounts pursuant to the preceding sentence shall not be eligible for a grant under subsection (c) or (e) with respect to such fiscal year.”. Sec. 104. energy and eligible activities (a) Section 101 of the Housing and Community Development Act of 1974 is amended— (1) by striking out “and” at the end of paragraph (1) of subsection (a); (2) by striking out the period at the end of paragraph (2) of subsection (a) and inserting in lieu thereof “; and ”; (3) by adding the following new paragraph at the end of subsection (a): “(3) increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing development activities.”; (4) by striking out “and” at the end of paragraph (2) of subsection (b); (5) by striking out the period at the end of paragraph (3) of subsection (b) and inserting in lieu thereof “; and”; (6) by adding the following new paragraph at the end of subsection (b): “(4) concerted action by Federal, State, and local governments to address the economic and social hardships borne by communities as a consequence of scarce fuel supplies.”; (7) by striking out “and” at the end of paragraph (7) of subsection (c); (8) by striking out the period at the end of paragraph (8) of subsection (c) and inserting in lieu thereof “; and”; and (9) by adding the following new paragraph after paragraph (8) of subsection (c): “(9) the conservation of the Nation’s scarce energy resources, improvement of energy efficiency, and the provision of alternative and renewable energy sources of supply.”. (b) Section 104(a) of such Act is amended by adding the following new sentence at the end thereof: “The applicant may, at the discretion of the applicant, include (as part of the program summary, formulation, and description requirements described in paragraphs (1), (2), and (3) of this subsection) comparable information with respect to the applicant’s energy conservation and renewable energy resource needs and objectives.”. (c) Section 105(a) of such Act is amended— (1) by striking out paragraph (2) and inserting in lieu thereof the following: “(2) the acquisition, construction, reconstruction, or installation (including design features and improvements with respect to such construction, reconstruction, or installation which promote energy efficiency) of public works, facilities and site or other improvements—including neighborhood facilities, centers for the handicapped, senior centers, historic properties, utilities (including power generation and distribution facilities using renewable resource energy systems), streets, street lights, water and sewer facilities, foundations and platforms for air rights sites, pedestrian malls and walkways, and parks, playgrounds, and recreation facilities (including parks, playgrounds, and recreational facilities established as a result of reclamation and other construction activities carried out in connection with a river and land adjacent thereto where assistance under other Federal laws or programs is determined to be unavailable), flood and drainage facilities in cases where assistance for such facilities under other Federal laws or programs is determined to be unavailable, and parking facilities, solid waste disposal facilities, recycling or conversion facilities, and fire protection services and facilities which are located in or which serve designated community development areas;”; (2) by inserting after “rehabilitation” the first time it appears in paragraph (4) the following: “(including rehabilitation which promotes energy efficiency)”; (3) by inserting after “education,” in paragraph (8) the following: “energy conservation,”; (4) by inserting after “community economic development” in paragraph (15) the following: “or energy conservation”; and (5) by striking out “and” at the end of paragraph (14), by striking out the period at the end of paragraph (15) and inserting in lieu thereof “, and”, and by adding the following new paragraph at the end thereof: “(16) activities necessary to the development of a comprehensive Comprehensive community-wide energy use strategy. community-wide energy use strategy, which may include items such as— “(A) a description of energy use and projected demand by sector, by fuel type, and by geographic area; “(B) an analysis of the options available to the community to conserve scarce fuels and encourage use of renewable energy resources; “(C) an analysis of the manner in, and extent to, which the community’s neighborhood revitalization, housing, and economic development strategies will support its energy conservation strategy; “(D) an analysis of the manner in, and the extent to, which energy conservation objectives will be integrated into local government operations, purchasing and service delivery, capital improvements budgeting, land use planning and zoning, and traffic control, parking, and public transportation functions; “(E) a statement of the actions the community will take to foster energy conservation and the use of renewable energy resources in the private sector, including the enactment and enforcement of local codes and ordinances to encourage or mandate energy conservation or use of renewable energy resources, financial and other assistance to be provided (principally for the benefit of low- and moderate-income persons) to make energy conserving improvements to residential structures, and any other proposed energy conservation activities; “(F) appropriate provisions for energy emergencies; “(G) identification of the local governmental unit responsible for administering the energy use strategy; “(H) provision of a schedule for implementation of each element in the strategy; and “(I) a projection of the savings in scarce fossil fuel consumption and the development and use of renewable energy resources that will result from implementation of the energy use strategy.”. (d) Section 105(a)(4) of such Act is amended by inserting “, and 42 USC 5305. including the renovation of closed school buildings” after “privately owned properties”. (e) Section 105(a) of such Act is amended— (1) by inserting after “activities” the first time it appears in paragraph (14) the following: “(as specifically described in the 42 USC 5304. application submitted pursuant to section 104)”; and (2) by inserting after “project” in paragraph (15) the following: “(as specifically described in the application submitted pursuant to section 104)”. Sec. 105. displacement (a) Section 104(a)(2) of the Housing and Community Development Act of 1974 is amended— (1) by striking out “including activities,” in clause (B) and inserting in lieu thereof “activities, and objectives, including activities”; (2) by striking out “and objectives,” in clause (B); and (3) by striking out clause (C) and inserting in lieu thereof the following: “(C) takes into account the effect of such activities on the involuntary displacement of low- and moderate-income persons and takes into account appropriate environmental factors;”. (b) The Secretary of Housing and Urban Development shall continue the study on involuntary displacement conducted under section 902 of the Housing and Community Development Amendments of 42 USC 5313 note. 1978 and shall transmit, not later than March 30, 1981, a report to the Congress which shall contain (1) data collected since the initial report submitted under such section 902, and (2) further recommendations on minimizing involuntary displacement and alleviating problems caused by such displacement. Sec. 106. authorizations (a) The second sentence of section 103(a)(1) of the Housing and Community Development Act of 1974 is amended to read as follows: “There are authorized to be appropriated for these purposes not to exceed $3,810,000,000 for the fiscal year 1981, not to exceed $3,960,000,000 for the fiscal year 1982, and not to exceed $4,110,000,000 for the fiscal year 1983.”. (b) Section 103(a)(2) of such Act is amended to read as follows: “(2) Of the amounts approved in appropriation Acts pursuant to paragraph (1), $275,000,000 for the fiscal year 1981 shall be added to Post, p. 1621. 42 USC 5307. 42 USC 5303. the amount available for allocation under section 106(c) and shall not be subject to the provisions of section 107.”. (c) Section 103(c) of such Act is amended to read as follows: “(c) There are authorized to be appropriated for supplemental grant assistance under section 119 amounts aggregating not to exceed $1,475,000,000 for fiscal years prior to the fiscal year 1981, and an additional amount not to exceed $675,000,000 for each of the fiscal years 1981, 1982, and 1983.”. Sec. 107. section 107 discretionary fund Section 107(a) of the Housing and Community Development Act of 1974 is amended by striking out “of authority to enter into contracts approved in appropriation Acts under section 103(a)(1) for each of the fiscal years 1975, 1976, 1977, 1978, 1979, and 1980, an amount equal to 3 per centum thereof shall” and inserting in lieu thereof “approved in appropriation Acts under section 103(a)(1) for each of the fiscal years 1981, 1982, and 1983, not more than $104,000,000 for fiscal year 1981, not more than $104,000,000 for fiscal year 1982, and not more than $107,000,000 for fiscal year 1983, may”. Sec. 108. limitation on community development guarantees Section 108 of the Housing and Community Development Act of 1974 is amended— 42 USC 5308. (1) by inserting after “commitments to guarantee” in the first sentence of subsection (a) the following: “, only to such extent or in such amounts as provided in appropriation Acts,”; (2) by adding the following new sentence at the end of subsection (a): “During fiscal year 1981, the Secretary may not enter into commitments to guarantee under this section notes and other obligations with an aggregate principal amount in excess of $300,000,000.”; and (3) by striking out “Notwithstanding any other provision of this section, the” in subsection (k) and inserting in lieu thereof “The”. Sec. 109. performance reports for certain non-entitlement communities Section 104(d) of the Housing and Community Development Act of 1974 is amended— 42 USC 5304. (1) by striking out “Prior to the beginning of fiscal year 1977 and each fiscal year thereafter, each” in the first sentence and inserting in lieu thereof “Each”; (2) by inserting after the first sentence the following new sentence: “The performance report shall be submitted annually prior to the beginning of each fiscal year, except that a grantee which receives a grant made pursuant to subsection (c) or (e) of section 106 which the Secretary determines does not fund a Post, p. 1621. comprehensive community development program may submit a report with respect to such grant less frequently than annually as determined by the Secretary.”; and (3) by inserting “(or less frequently as the Secretary determines appropriate in the case of a grant for which a report is submitted less frequently than annually in accordance with the second sentence of this paragraph)” after “at least on an annual basis” in the third sentence. Sec. 110. historic preservation (a) Section 119(c) of the Housing and Community Development Act of 1974 is amended by— 42 USC 5318. (1) by striking out “and” at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof “; and”; and (3) by adding the following new paragraph after paragraph (6); “(7) include (A) an identification of all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the application is made; (B) an identification of all other properties, if any, which will be affected by such project and which, as determined by the applicant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relating to the inclusion of such properties on the Register; and (C) a description of the effect, as determined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B).”. (b) Section 119 of such Act is amended by adding the following new subsection at the end thereof: “(n) In the case of any application which identifies any property in accordance with subsection (c)(7)(B), the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation officer and the Secretary of the Interior have been provided an opportunity to take action in accordance with the Infra. provisions of section 121(b).”. (c) Title I of such Act is amended by adding the following new section at the end thereof: “Sec. 121. “historic preservation requirements (a) With respect to applications for assistance under section 119, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 119 and their relationship with— “(1) ‘An Act to establish a program for the preservation of 16 USC USC 470. additional historic properties throughout the Nation, and for other purposes’, approved October 14, 1966, as amended; and “(2) ‘An Act to provide for the preservation of historical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam’, 16 USC USC 469. approved June 27, 1960, as amended. “(b) In prescribing and implementing such regulations with respect to applications submitted under section 119 which identify any property pursuant to subsection (c)(7)(B) of such section, the Secretary of the Interior shall provide at least that— “(1) the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and “(2) the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places. “(c) The Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making Post, p. 1621. its comments under section 106 of the Act referred to in subsection (a)(1) in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under section 42 USC 5318. 119.”. Sec. 111. technical amendments to the block grant program (a) Section 102 of the Housing and Community Development Act of 1974 is amended by striking out “Office of Management and Budget” each place it appears in paragraphs (3), (4), and (8) of subsection (a) and in subsection (b) and inserting in lieu thereof “Department of Commerce”. (b) Section 103 of such Act is amended by striking out subsection (e). 42 USC 5303. 42 USC 5304. (c) Section 104 of such Act is amended— (1) by striking out “106(a)” in the first sentence of subsection (c) and inserting in lieu thereof “106(b)”; and (2) by striking out “(d)(2)” and “(f)(1)(B)” wherever they appear in subsections (d) and (e) and inserting in lieu thereof “(c) and “(e)”, respectively. (d) Section 106 of such Act is amended by striking out subsections 42 USC 5306. (c), (g), (h), (i), (j), and (1) and redesignating subsections (d), (e), (f), (k), and (m) as subsections (c), (d), (e), (f), and (g), respectively. (e) The second sentence of section 106(a) of such Act is amended— (1) by striking out “subsections (c) and (e)” and inserting in lieu thereof “subsection (d)”; and (2) by striking out “aggregate”, “the greater of” and “or its hold-harmless amount computed pursuant to subsection (g)”. (f) Section 106(c) of such Act, as redesignated by subsection (d) of this section, is amended— (1) by striking out “allocated by the Secretary, first, for grants to metropolitan cities, urban counties, and other units of general local government within metropolitan areas to meet their hold-harmless needs as determined under subsections (g) and (h), and second, in accordance with the provisions of paragraph (2). “(2) Any portion of such amounts which remains after applying the provisions of paragraph (1) shall be”; (2) by redesignating paragraph (3) as paragraph (2); (3) by striking out “paragraph (2)” wherever it appears in paragraph (2), as redesignated by paragraph (2) of this subsection, and inserting in lieu thereof “paragraph (1)”; (4) by striking out the second sentence of paragraph (2), as redesignated; and (5) by striking out in the final sentence of paragraph (2), as redesignated, “, Indian tribes, and units of general local government which are entitled to hold-harmless grants pursuant to subsection (h)” and inserting in lieu thereof “and Indian tribes”. (g) Section 106(e) of such Act, as redesignated by subsection (d) of this section, is amended— (1) by striking out in the first sentence of paragraph (1) the following: “allocated by the Secretary— “(A) first, for grants to units of general local government outside of metropolitan areas to meet their hold-harmless needs as determined under subsection (h); and “(B) second, any portion of such amount which remains after applying the provisions of subparagraph (A) shall be”; (2) by striking out “(i)” and “(ii)” in the first sentence of paragraph (1) and inserting in lieu thereof “(A)” and “(B)”, respectively, and by striking out “(I)”, “(II)”, and “(III)” wherever they appear in such sentence and inserting in lieu thereof “(i)”, “(ii)”, and “(iii)”, respectively; (3) by striking out “clause (i) of subparagraph (B)” and “clause (ii) of subparagraph (B)” in the second sentence of paragraph (1) and inserting in lieu thereof “subparagraph (A)”, and “subparagraph (B)”, respectively; (4) by striking out “subparagraph (B)” in the third sentence of paragraph (1) and inserting in lieu thereof “this paragraph”, and by striking out “such subparagraph” wherever it appears in such sentence and inserting in lieu thereof “such paragraph”; (5) by striking out the second sentence of paragraph (2); (6) by striking out “paragraph (1)(B)” wherever it appears in paragraph (2) and inserting in lieu thereof “paragraph (1)”; (7) by striking out “units of general local government which are entitled to hold-harmless grants pursuant to subsection (h) and” in the last sentence of paragraph (2); and (8) by striking out “paragraph (1)(B)” in the first sentence of paragraph (8) and inserting in lieu thereof “paragraph (1)”. (h) Section 116 of such Act is amended— (1) by striking out subsections (b), (f), and (h), and by redesignating subsection (g) as subsection (b); and (2) by striking out in subsection (h), as redesignated, “or from a unit a general local government for a grant pursuant to section 106(h)”. Sec. 112. reallocation of funds Section 106(d) of the Housing and Community Development Act of 1974, as redesignated by section 111(d) of this Act, is amended by striking out “first,” and all that follows through the period at the end of the first sentence and inserting in lieu thereof the following: “first, in any metropolitan area in the same State, with a preference for units of general local government in the same metropolitan area to which such funds were originally allocated, and second, in any other metropolitan area.”. Sec. 113. report on community development grant formula The Secretary of Housing and Urban Development shall, not later than January 1, 1983, report to the Congress with respect to the adequacy, effectiveness, and equity of the formula used for allocation of funds under title I of the Housing and Community Development Act of 1974, with specific analysis and recommendations concerning the manner in which such formula is or could be affected by the data derived from the 1980 decennial census. Sec. 114. rehabilitation loans (a) Section 312(c)(4) of the Housing Act of 1964 is amended— (1) by striking out in subparagraph (A) “$27,000” and inserting in lieu thereof “$33,500”; (2) by inserting “(i)” after “secured by such property” in subparagraph (A); (3) by inserting “, and (ii) if the Secretary determines that such refinancing is necessary and appropriate” before the semicolon at the end of subparagraph (A); (4) by striking out “and” at the end of subparagraph (A); (5) by redesignating subparagraph (B) as subparagraph (D); and (6) by inserting after subparagraph (A) the following: “(B) in the case of residential property in which some or all of the dwelling units do not contain kitchen facilities and to which there is connected a central dining facility where meals can be served to the occupants of such residential property, $25,000 per dwelling unit; “(C) in the case of residential property in which some or all of the dwelling units do not contain bathroom or kitchen facilities, $15,000 per dwelling unit; and”. (b) Section 312(d) of such Act is amended— (1) by striking out “and not to exceed $140,000,000 for the fiscal year beginning on October 1, 1979” in the first sentence and inserting in lieu thereof “not to exceed $140,000,000 for the fiscal year beginning on October 1, 1979, not to exceed $144,000,000 for the fiscal year beginning on October 1, 1980, and not to exceed $129,000,000 for the fiscal year beginning on October 1, 1981”; (2) by inserting the following before the period at the end of the third sentence thereof: “, and not more than $210,000,000 may be approved in appropriation Acts for such loans with respect to the fiscal year beginning on October 1, 1980”; and (3) by striking out the fourth and fifth sentences and inserting in lieu thereof the following: “Of the amount available for loans under this section during any fiscal year beginning on or after October 1, 1980, the Secretary may utilize not more than one-third for rehabilitation loans for multifamily properties.”. (c) Section 312(f) of such Act is amended by inserting before the 42 USC 1452b. period at the end thereof the following: “, except that the Secretary may not delegate to any agency or organization outside the Department of Housing and Urban Development the authority to determine whether to permit refinancing of existing indebtedness under subsection (c)(4)(A)”. (d) Section 312(h) of such Act is amended— (1) by striking out “October 15, 1980” and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “October 16, 1980” and inserting in lieu thereof “October 1, 1982”. Sec. 115. neighborhood self-help development The first sentence of section 705 of the Housing and Community Development Amendments of 1978 is amended by inserting 42 USC 8124. after “1980” the following: and not to exceed $10,000,000 for the fiscal year 1981”. Sec. 116. urban homesteading The first sentence of section 810(h) of the Housing and Community Development Act of 1974 is amended by striking out 12 USC 1706e. “subsection (c)” and inserting in lieu thereof “subsections (c) and (g)”. Sec. 117. udag amendments relating to guam, the virgin islands, and indian tribes (a) Section 119 of the Housing and Community Development Act of 1974 is amended by adding the following new subsection 42 USC 5318. at the end thereof: “(o) (1) For the purpose of carrying out this section, the term ‘city’ “City.” includes Guam, the Virgin Islands, and Indian tribes. “(2) The application requirements— Application requirements. 42 USC 5304. “(A) of section 104, and “(B) of subsection (c)(2) of this section, to the extent such subsection requires a concentrated urban development action program to be consistent with the program and plan described in paragraphs (2) and (4) of section 104(a), shall not apply to applications by Guam, the Virgin Islands, or Indian tribes for assistance under this section. “(3) Grants may be made under this section to Guam, the Virgin Grants. Islands, or an Indian tribe only with respect to fiscal years for which Guam, the Virgin Islands, or such Indian tribe, as the case may be, has submitted an application meeting requirements prescribed pursuant 42 USC 5307. to section 107. “(4) The Secretary may not approve a grant to an Indian tribe unless such Indian tribe— “(A) is located on a reservation or in an Alaskan Native Village; and “(B) is an eligible recipient under the State and Local Fiscal 31 USC 1221 note. Assistance Act of 1972.”. (b) Section 107(d) of such Act is amended by inserting “under this title” after “Indian tribe” in the first sentence.

11. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 § 101(b)(1) · 94 Stat. 1614

    Substituted · 42 U.S.C. § 5302(d)

    Pub. L. 96–399, § 101(b)(1), substituted provisions relating to inclusion of the population of any unit of general local government in the population of such urban county for three program years, such unit to be ineligible for a grant under section 5306 as a separate entity, and prohibiting eligibility for second and third years if not included for the first year, for provisions relating to notification of units of general local government of their opportunity to exclude their populations from such urban county, and inclusion in such urban county unless exclusion is elected by notification

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–399, § 101(b)(1), substituted provisions relating to inclusion of the population of any unit of general local government in the population of such urban county for three program years, such unit to be ineligible for a grant under section 5306 as a separate entity, and prohibiting eligibility for second and third years if not included for the first year, for provisions relating to notification of units of general local government of their opportunity to exclude their populations from such urban county, and inclusion in such urban county unless exclusion is elected by notification.

    Enacted provision · exact public law section
    (1) Section 102 of such Act is amended by striking out subsection (d) and inserting in lieu thereof the following: “(d) With respect to program years beginning with the program year for which grants are made available from amounts appropriated Post, p. 1618. for fiscal year 1982 under section 103(a)(1), the population of any unit of general local government which is included in that of an urban county as provided in subsection (a)(6)(B) shall be included in the population of such urban county for three program years beginning with the program year in which its population was first so included 42 USC 5306. and shall not otherwise be eligible for a grant under section 106 as a separate entity, unless the application by the urban county is disapproved or withdrawn prior to or during such three-year period. During any such three-year period, the population of any unit of general local government which is not included in that of the urban county for the first year shall not be eligible for such inclusion in the second or third year.”.

12. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 § 101(c) · 94 Stat. 1614

    Added · 42 U.S.C. § 5302(e)

    Pub. L. 96–399, § 101(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–399, § 101(c), added subsec. (e).

    Enacted provision · exact public law section
    (c) Section 102 of such Act is amended by adding at the end thereof the following: “(e) Any county seeking qualification as an urban county, including any urban county seeking to continue such qualification, shall notify, as provided in this subsection, each unit of general local government, which is included therein and is eligible to elect to have its population excluded from that of an urban county under subsection (a)(6)(B)(i), of its opportunity to make such an election. Such notification shall, at a time and in a manner prescribed by the Secretary, be provided so as to provide a reasonable period for response prior to the period for which such qualification is sought. The population of any unit of general local government which is provided such notification and which does not inform, at a time and in a manner prescribed by the Secretary, the county of its election to exclude its population from that of the county shall, if the county qualifies as an urban county, be included in the population of such urban county as provided in subsection (d).”.

13. 1981

    Pub. L. 97–35 title III · 95 Stat. 357

    1. Inserted · 42 U.S.C. § 5302(a)

       Pub. L. 97–35, §§ 309(a), 310, in par. (4) inserted applicability of Sept. 30, 1982, date to provisions, in par. (6) inserted provisions relating to urban county qualifying in fiscal year 1981

    2. Added · 42 U.S.C. § 5302(a)

       Pub. L. 97–35, §§ 309(a), 310, in par. (4) added par. (7)

    3. Struck · 42 U.S.C. § 5302(a)

       Pub. L. 97–35, §§ 309(a), 310, in par. (4) struck out pars. (18) and (19), which defined “program period” and “Community Development Program”, respectively

    4. Redesignated · 42 U.S.C. § 5302(a)

       Pub. L. 97–35, §§ 309(a), 310, in par. (4) redesignated former pars. (7) to (17) and (20) as (8) to (18) and (19), respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35, §§ 309(a), 310, in par. (4) inserted applicability of Sept. 30, 1982, date to provisions, in par. (6) inserted provisions relating to urban county qualifying in fiscal year 1981, added par. (7), struck out pars. (18) and (19), which defined “program period” and “Community Development Program”, respectively, and redesignated former pars. (7) to (17) and (20) as (8) to (18) and (19), respectively.

    Enacted provision · exact public law
    TITLE III— BANKING, HOUSING, AND RELATED PROGRAMS Subtitle A— Housing and Community Development Sec. 300. short title This subtitle may be cited as the “Housing and Community Development Amendments of 1981”. PART 1— COMMUNITY AND ECONOMIC DEVELOPMENT Sec. 301. authorizations Section 103 of the Housing and Community Development 42 USC 5303. Act of 1974 is amended to read as follows: “Sec. 103. “authorizations The Secretary is authorized to make grants to States, units of general local government, and Indian tribes to carry out Appropriation. activities in accordance with the provisions of this title. There are authorized to be appropriated for these purposes not to exceed $4,166,000,000 for each of the fiscal years 1982 and 1983. Sums appropriated pursuant to this section shall remain available until expended.”. Sec. 302. statement of activities and review (a) The caption of section 104 of the Housing and 42 USC 5304. Community Development Act of 1974 is amended to read as follows: “statement of activities and review”. (b) Subsections (a), (b), and (c) of section 104 of such Act are amended to read as follows: “(a) (1) Prior to the receipt in any fiscal year of a grant under section 42 USC 5306; Post p. 389. 106(b) by any metropolitan city or urban county, under section 106(d) by any State, or under section 106(d)(2)(B) by any unit of general local government, the grantee shall have prepared a final statement of community development objectives and projected use of funds and shall have provided the Secretary with the certifications required in subsection (b) and, where appropriate, subsection (c). In the case of metropolitan cities and urban counties receiving grants pursuant to section 106(b) and in the case of units of general local government receiving grants pursuant to section 106(d)(2)(B), the statement of projected use of funds shall consist of proposed community development activities. In the case of States receiving grants pursuant to section 106(d), the statement of projected use of funds shall consist of the method by which the States will distribute funds to units of general local government. “(2) In order to permit public examination and appraisal of such statements, to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, the grantee shall— “(A) furnish citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken; “(B) publish a proposed statement in such manner to afford affected citizens or, as appropriate, units of general local govern-ment an opportunity to examine its content and to submit comments on the proposed statement and on the community development performance of the grantee; and “(C) hold one or more public hearings to obtain the views of citizens on community development and housing needs. In preparing the final statement, the grantee shall consider any such comments and views and may, if deemed appropriate by the grantee, modify the proposed statement. The final statement shall be made available to the public, and a copy shall be furnished to the Secretary together with the certifications required under subsection (b) and, where appropriate, subsection (c). “(b) Any grant under section 106 shall be made only if the grantee 42 USC 5306. certifies to the satisfaction of the Secretary that— “(1) the grantee is in full compliance with the requirements of subsection (a)(2)(A), (B), and (C) and has made the final statement available to the public; “(2) the grant will be conducted and administered in conformity with Public Law 88–352 and Public Law 90–284; 42 USC 2000a note; 82 Stat. 73. Projected use of funds. “(3) the projected use of funds has been developed so as to give maximum feasible priority to activities which will benefit low and moderate-income families or aid in the prevention or elimination of slums or blight; the projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs; and “(4) the grantee will comply with the other provisions of this title and with other applicable laws. “(c) (1) Any grant made under section 106(b) shall be made only if Grants. the unit of general local government certifies that it is following a current housing assistance plan which has been approved by the Secretary and which— “(A) accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower income persons (including elderly and handicapped persons, large families, owners of homes requiring rehabilitation assistance, and persons displaced or to be displaced) residing in or expected to reside in the community as a result of existing or projected changes in employment opportunities and population in the community (and those elderly persons residing in or expected to reside in the community), or as estimated in a community accepted State or regional housing opportunity plan approved by the Secretary, and identifies housing stock which is in a deteriorated condition, including the impact of conversion of rental housing to condominium or cooperative ownership on such needs; “(B) specifies a realistic annual goal for the number of dwelling units or lower income persons to be assisted, including (i) the relative proportion of new, rehabilitated, and existing dwelling units, including existing rental and owner occupied dwelling units to be upgraded and thereby preserved, (ii) the sizes and types of housing projects and assistance best suited to the needs of lower income persons in the community, and (iii) in the case of subsidized rehabilitation, adequate provisions to assure that a preponderance of persons assisted should be of low and moderate income; and “(C) indicates the general locations of proposed housing for lower income persons, with the objective of (1) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, and the reclamation of the housing stock where feasible through the use of a broad range of techniques for housing restoration by local government, the private sector, or community organizations, including provision of a reasonable opportunity for tenants displaced as a result of such activities to relocate in their immediate neighborhood, (ii) promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons, and (iii) assuring the availability of public facilities and services adequate to serve proposed housing projects. “(2) The Secretary shall establish such dates and manner for the submission of housing assistance plans described in paragraph (1) as the Secretary may prescribe.”. (c) (1) Section 104(d) of such Act is amended to read as follows: “(d) Each grantee shall submit to the Secretary, at a time determined by the Secretary, a performance report concerning the use of funds made available under section 106, together with an assessment by the grantee of the relationship of such use to the objectives identified in the grantee’s statement under subsection (a). The Secretary shall, at least on an annual basis, make such reviews and audits as may be necessary or appropriate to determine— “(1) in the case of grants made under section 106(b) or section Post, p. 389. 106(d)(2)(B), whether the grantee has carried out its activities and, where applicable, its housing assistance plan in a timely manner, whether the grantee has carried out those activities and its certifications in accordance with the requirements and the primary objectives of this title and with other applicable laws, and whether the grantee has a continuing capacity to carry out those activities in a timely manner; and “(2) in the case of grants to States made under section 106(d), whether the State has distributed funds to units of general local government in a timely manner and in conformance to the method of distribution described in its statement, whether the State has carried out its certifications in compliance with the requirements of this title and other applicable laws, and whether the State has made such reviews and audits of the units of general local government as may be necessary or appropriate to determine whether they have satisfied the applicable performance criteria described in paragraph (1) of this subsection. The Secretary may make appropriate adjustments in the amount of the annual grants in accordance with the Secretary’s findings under this subsection. With respect to assistance made available to units of Post, p. 389. general local government under section 106(d), the Secretary may adjust, reduce, or withdraw such assistance, or take other action as appropriate in accordance with the Secretary’s reviews and audits under this subsection, except that funds already expended on eligible activities under this title shall not be recaptured or deducted from future assistance to such units of general local government.”. (2) The amendment made by paragraph (1) shall take effect on October 1, 1982. (d) Section 104 of such Act is amended by striking out subsections (e) and (f) and redesignating subsections (g), (h), (i), and (j) as subsections (e), (f), (g), and (h). (e) Section 104(f) of such Act, as redesignated by subsection (d) of Ante, p. 86. this section, is amended— (1) by striking out “applicants” in paragraph (1) and inserting in lieu thereof “recipients of assistance under this title”; (2) by striking out “applicant” wherever it appears and inserting in lieu thereof “recipient of assistance under this title”; (3) by striking out “applications and” in the last sentence of paragraph (2); and (4) by adding the following new paragraph at the end thereof: “(4) In the case of grants made to States pursuant to section 106(d), Post, p. 389. the State shall perform those actions of the Secretary described in paragraph (2) and the performance of such actions shall be deemed to satisfy the Secretary’s responsibilities referred to in the second sentence of such paragraph.”. (f) Section 104(g) of such Act, as redesignated by subsection (d) of Ante, p. 386. this section, is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) Units of general local government receiving assistance under this title may receive funds, in one payment, in an amount not to exceed the total amount designated in the grant (or, in the case of a unit of general local government receiving a distribution from a State pursuant to section 106(d), not to exceed the total amount of such distribution) for use in establishing a revolving loan fund which is to be established in a private financial institution and which is to be used to finance rehabilitation activities assisted under this title. Rehabilitation activities authorized under this section shall begin within 45 days after receipt of such payment.”; and (2) by striking out the last two sentences of paragraph (2). Sec. 303. eligible activities (a) Section 105(a) of the Housing and Community Development Act of 1974 is amended— 42 USC 5305. (1) by striking out paragraph (8) and inserting in lieu thereof the following: “(8) provision of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during any part of the twelve-month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this title, and which are to be used for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the unit of general local government, except that not more than 10 per centum of the amount of any assistance to a unit of general local government under this title may be used for activities under this paragraph;”; (2) by inserting the following before the semicolon at the end of paragraph (13) “, and including the carrying out of activities as described in section 701(e) of the Housing Act of 1954 on the date 94 Stat. 1662. prior to the date of enactment of the Housing and Community Development Amendments of 1981”; Ante, p. 384. (3) by striking out “and” at the end of paragraph (15); (4) by striking out the period at the end of paragraph (16) and inserting in lieu thereof “; and”; and (5) by adding at the end thereof the following new paragraph: “(17) provision of assistance to private, for-profit entities, when the assistance is necessary or appropriate to carry out an economic development project.”. (b) In fiscal years 1982, 1983, and 1984, the Secretary may waive the limitation on the amount of funds which may be used for public services activities under section 105(a)(8) of the Housing and Community Ante, p. 387. Development Act of 1974, as amended by this Act, in the case of a unit of general local government which, during fiscal year 1981, allocated more than 10 per centum of funds received under title I of 42 USC 5301. the Housing and Community Development Act of 1974 for such activities. Sec. 304. allocation and distribution of funds (a) Section 106(a) of the Housing and Community Development 42 USC 5306. Act of 1974 is amended to read as follows: “(a) Of the amount approved in an appropriation Act under section Ante, p. 384. Post, pp. 391, 392. 103 for grants in any year (excluding the amounts provided for use in accordance with section 107 and section 119), 70 per centum shall be allocated by the Secretary to metropolitan cities and urban counties. Except as otherwise specifically authorized, each metropolitan city and urban county shall be entitled to an annual grant from such allocation in an amount not exceeding its basic amount computed pursuant to paragraph (1) or (2) of subsection (b).”. (b) Section 106 of such Act is amended by striking out subsection (c) and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. (c) Section 106(c), as redesignated by subsection (b) of this section, is amended to read as follows: “(c) (1) Except as provided in paragraph (2), any amounts allocated to a metropolitan city or an urban county pursuant to the preceding provisions of this section which are not received by the city or county for a fiscal year because of failure to meet the requirements of section Ante, p. 384. Ante, p. 386. 42 USC 5311. 104(a), (b), or (c), or which become available as a result of actions under section 104(d) or 111, shall be reallocated in the succeeding fiscal year to the other metropolitan cities and urban counties in the same metropolitan area which certify to the satisfaction of the Secretary that they would be adversely affected by the loss of such amounts from the metropolitan area. The amount of the share of funds reallocated under this paragraph for any metropolitan city or urban county shall bear the same ratio to the total of such reallocated funds in the metropolitan area as the amount of funds awarded to the city or county for the fiscal year in which the reallocated funds become available bears to the total amount of funds awarded to all metropolitan cities and urban counties in the same metropolitan area for that fiscal year, except that— “(A) in determining the amounts awarded to cities or counties for purposes of calculating shares pursuant to this sentence, there shall be excluded from the award of any city or county any amounts which become available as a result of actions against such city or county under section 111; “(B) in reallocating amounts resulting from an action under section 104(d) or section 111, the city or county against whom any such action was taken shall be excluded from the calculation of shares for purposes of reallocating the amounts becoming available as a result of such action; and “(C) in no event may the share of reallocated funds for any metropolitan city or urban county exceed 25 per centum of the amount awarded to the city or county under section 106(b) for the 42 USC 5306. fiscal year in which the reallocated funds under this paragraph become available. Any amounts allocated under section 106(b) which become available for reallocation and for which no metropolitan city or urban county qualifies under this paragraph shall be added to amounts available for allocation under such section 106(b) in the succeeding fiscal year. “(2) Notwithstanding any other provision of this title, the Secretary shall make grants from amounts authorized for use under section 106(b) by the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1981, in accordance with 94 Stat. 3044. the provisions of this title which governed grants with respect to such amounts, as such provisions existed prior to the effective date of the Housing and Community Development Amendments of 1981, except Ante, p. 384. that any such amounts which are not obligated before January 1, 1982, shall be reallocated in accordance with paragraph (1).”. (d) Section 106(d)(1) of such Act, as redesignated by subsection (b) of this section, is amended— Ante, p. 388. (1) by striking out “section 103(a)” and all that follows through “nonmetropolitan areas of each State” in the first sentence and inserting in lieu thereof the following: “section 103 for grants in any year (excluding the amounts provided for use in accordance with section 107 and section 119), 30 per centum shall be Post, pp. 391, 392. allocated among the States for use in nonentitlement areas. The allocation for each State shall be”; and (2) by striking out “nonmetropolitan” wherever it appears and inserting in lieu thereof “nonentitlement”. (e) Section 106(d) of such Act, as redesignated by subsection (b) of this section, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) (A) Amounts allocated under paragraph (1) shall be distributed to units of general local government located in nonentitlement areas of the State to carry out activities in accordance with the provisions of this title— “(i) by the State, consistent with the statement submitted under section 104(a); or Ante, p. 384. “(ii) by the Secretary, in any case described in subparagraph (B), for use by units of general local government in accordance with paragraph (3)(B). Notwithstanding any provision of this title, the Secretary shall make grants from amounts authorized for use in nonentitlement areas by the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1981, in accordance with the provisions 94 Stat. 3044. of this title which governed grants with respect to such amounts, as such provisions existed prior to the effective date of the Housing and Community Development Amendments of 1981. Any amounts under Ante, p. 384. the preceding sentence (except amounts for which preapplications have been approved by the Secretary prior to October 1, 1981, and which have been obligated by January 1, 1982) which are or become available for obligation after fiscal year 1981 shall be available for distribution in the State in which the grants from such amounts were made, by the State or by the Secretary, whichever is distributing the State allocation in the fiscal year in which such amounts are or become available. “(B) The Secretary shall distribute amounts allocated under paragraph (1) where— “(i) the State has elected, in such manner and before such time as the Secretary may prescribe, not to distribute such amounts; or “(ii) the State has failed to submit the certifications described in subparagraph (C). “(C) To receive and distribute amounts allocated under paragraph (1), the Governor must certify that the State, with respect to units of general local government in nonentitlement areas— “(i) engages or will engage in planning for community development activities; “(ii) provides or will provide technical assistance to units of general local government in connection with community development programs; “(iii) will provide, out of State resources, funds for community development activities in an amount which is at least 10 per centum of the amounts allocated for use in the State pursuant to paragraph (1); and “(iv) has consulted with local elected officials from among units of general local government located in nonentitlement areas of that State in determining the method of distribution of funds required by subparagraph (A). “(3) (A) If the State receives and distributes such amounts, it shall be responsible for the administration of funds so distributed. The State shall pay from its own resources all administrative expenses incurred by the State in carrying out its responsibilities under this title, except that from the amounts received for distribution in nonentitlement areas, the State may deduct an amount not to exceed 50 per centum of the costs incurred by the State in carrying out such responsibilities. Amounts so deducted shall not exceed 2 per centum of the amount so received. “(B) If the Secretary distributes such amounts, the distribution shall be made in accordance with determinations of the Secretary pursuant to statements submitted and the other requirements of Ante, p. 384. section 104 (other than subsection (c)) and in accordance with regulations and procedures prescribed by the Secretary. “(C) Any amounts allocated for use in a State under this subsection Ante, p. 386. 42 USC 5311. which become available as a result of actions under section 104(d) or 111 shall— “(i) in the case of actions against units of general local government in nonentitlement areas, be added to amounts available for distribution in the State in the fiscal year in which the amounts become so available; or “(ii) in the case of actions against the State, be added to amounts available for distribution in the State in the succeeding fiscal year. Amounts reallocated under this subparagraph shall be available for distribution by the State or by the Secretary, whichever is distributing the State allocation in the fiscal year in which such reallocated amounts are added. “(4) In computing amounts under paragraph (1), Indian tribes shall be excluded.”. (f) Section 106(f), as redesignated by subsection (b) of this section, is amended by striking out “(1)” and all that follows through “106(e)” and inserting in lieu thereof “all basic grant entitlement amounts”. Sec. 305. discretionary fund Section 107 of the Housing and Community Development Act of 1974 is amended to read as follows: 42 USC 5307. “Sec. 107. “discretionary fund (a) Of the total amount approved in appropriation Acts under section 103 for each of the fiscal years 1982 and 1983, not more Ante, p. 384. than $60,000,000 for each of the fiscal years 1982 and 1983 may be set aside in a special discretionary fund for grants under subsection (b). Grants under this section are in addition to any other grants which may be made under this title to the same entities for the same purposes. “(b) From amounts set aside under subsection (a), the Secretary is authorized to make grants— “(1) in behalf of new communities assisted under title VII of the Housing and Urban Development Act of 1970 or title IV of 42 USC 4501. 42 USC 3901. the Housing and Urban Development Act of 1968 or in behalf of new community projects assisted under title X of the National Housing Act which meet the eligibility standards set forth in 12 USC 1749aa. title VII of the Housing and Urban Development Act of 1970 and which were the subject of an application or preapplication under such title prior to January 14, 1975; “(2) in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; “(3) to Indian tribes; and “(4) to States, units of general local government, Indian tribes, Technical Assistance. or areawide planning organizations for the purpose of providing technical assistance in planning, developing, and administering assistance under this title, and to States and units of general local government for implementing special projects otherwise authorized under this title. The Secretary may also provide, directly or through contracts, technical assistance under this paragraph to such governmental units, or to a group designated by such a governmental unit for the purpose of assisting that governmental unit to carry out assistance under this title. “(c) Amounts set aside for use under subsection (b) in any fiscal year but not used in that year shall remain available for use in subsequent fiscal years in accordance with the provisions of that subsection. “(d) (1) Except as provided in paragraph (2), no grant may be made under this section or section 119 unless the applicant provides Post, p. 392. satisfactory assurances that its program will be conducted and administered in conformity with Public Law 88–352 and Public Law 90–284. 42 USC 2000a note; 82 Stat. 73. “(2) No grant may be made to an Indian tribe under this section or section 119 unless the applicant provides satisfactory assurances that its program will be conducted and administered in conformity with title II of Public Law 90–284. The Secretary may waive, in connection Waiver. 25 USC 1301. 42 USC 5309, 5310. with grants to Indian tribes, the provisions of section 109 and section 110. “(3) The Secretary may accept a certification from the applicant that it has complied with the requirements of paragraph (1) or (2), as appropriate.” . Sec. 306. nondiscrimination Section 109(a) of the Housing and Community Development 42 USC 5309. Act of 1974 is amended by adding the following new sentence at the end thereof: “Any prohibition against discrimination on the basis 42 USC 6101 note. of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 29 USC 794. of the Rehabilitation Act of 1973 shall also apply to any such program or activity.”. Sec. 307. “transitional provisions (a) Any amounts appropriated for any fiscal year before fiscal year 1982 in a Department of Housing and Urban Development— Independent Agencies Appropriation Act or a Supplemental Appropriation Act under the head “community development grants” which are or become available for obligation on or after October 1, 1981, shall remain available as provided by law, and shall be used in accordance with the following: (1) funds authorized for use under section 106(b) of the Housing 42 USC 5306. and Community Development Act of 1974 (“such Act”) before October 1, 1981, shall be available for use as provided by section Ante, p. 388. 42 USC 5307. 106(c) of such Act as amended by this Act; (2) funds authorized for use under section 107 of such Act before October 1, 1981, shall be available for use as provided by Ante, p. 391. section 107(a) of such Act as amended by this Act; and (3) funds authorized for use under section 106(c) or (e) of such Act before October 1, 1981, shall be available for use as provided Ante, p. 389. by section 106(d)(2)(A) of such Act as amended by this Act. (b) Any grant or loan which, prior to the effective date of any provision of this part, was obligated and governed by any authority amended by any provision of this part shall continue to be governed by the provisions of such authority as they existed immediately before such effective date. Sec. 308. urban development action grants (a) Section 119 of the Housing and Community Development 42 USC 5318. Act of 1974 is amended to read as follows: “Sec. 119. “urban development action grants (a) The Secretary is authorized to make urban development action grants to cities and urban counties which are experiencing severe economic distress to help stimulate economic development activity needed to aid in economic recovery. Of the total amount 42 USC 5303. approved in appropriation Acts under section 103 for each of the fiscal years 1982 and 1983, not more than $500,000,000 shall be available for each of the fiscal years 1982 and 1983 for grants under this section. “(b) (1) Urban development action grants shall be made only to cities and urban counties which have, in the determination of the Secretary, demonstrated results in providing housing for low- and moderate-income persons and in providing equal opportunity in housing and employment for low- and moderate-income persons and Regulations. members of minority groups. The Secretary shall issue regulations establishing criteria in accordance with the preceding sentence and setting forth minimum standards for determining the level of economic distress of cities and urban counties for eligibility for such grants. These standards shall take into account factors such as the age of housing; the extent of poverty; the extent of population lag; growth of per capita income; and, where data are available, the extent of unemployment and job lag. “(2) A city or urban county which fails to meet the minimum standards established pursuant to paragraph (1) shall be eligible for assistance under this section if it meets the requirements of the first sentence of such paragraph and— “(A) in the case of a city with a population of fifty thousand persons or more or an urban county, contains an area (i) composed of one or more contiguous census tracts, enumeration districts, or block groups, as defined by the United States Bureau of the Census, having at least a population of ten thousand persons or 10 per centum of the population of the city or urban county; (ii) in which at least 70 per centum of the residents have incomes below 80 per centum of the median income of the city or urban county; and (iii) in which at least 30 per centum of the residents have incomes below the national poverty level; or “(B) in the case of a city with a population of less than fifty thousand persons, contains an area (i) composed of one or more contiguous census tracts, enumeration districts, or block groups or other areas defined by the United States Bureau of the Census or for which data certified by the United States Bureau of the Census are available having at least a population of two thousand five hundred persons or 10 per centum of the population of the city, whichever is greater; (ii) in which at least 70 per centum of the residents have incomes below 80 per centum of the median income of the city; and (iii) in which at least 30 per centum of the residents have incomes below the national poverty level. The Secretary shall use up to, but not more than, 20 per centum of the funds appropriated for use in any fiscal year under this section for the purpose of making grants to cities and urban counties eligible under this paragraph. “(c) Applications for assistance under this section shall— Contents. “(1) in the case of an application for a grant under subsection (b)(2), include documentation of grant eligibility in accordance with the standards described in that subsection; “(2) set forth the activities for which assistance is sought, including (A) an estimate of the costs and general location of the activities; (B) a summary of the public and private resources which are expected to be made available in connection with the activities, including how the activities will take advantage of unique opportunities to attract private investment; and (C) an analysis of the economic benefits which the activities are expected to produce; “(3) contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has held public hearings to obtain the views of citizens, particularly residents of the area in which the proposed activities are to be carried out, and (B) has analyzed the impact of these proposed activities on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood in which they are to be carried out; and “(4) contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has identified all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the application is made; (B) has identified all other properties, if any, which will be affected by such project and which, as determined by the applicant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relating to the inclusion of such properties on the Register; (C) has determined the effect, as determined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B); and (D) will comply with the requirements 94 Stat. 1620. 42 USC 5320. Selection criteria, establishment. of section 121. “(d) (1) Except in the case of a city or urban county eligible under subsection (b)(2), the Secretary shall establish selection criteria for grants under this section which must include (A) as the primary criterion, the comparative degree of economic distress among applicants, as measured (in the case of a metropolitan city or urban county) by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in the metropolitan city or urban county; (B) other factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration in cities and urban counties; and (C) at least the following other criteria: demonstrated performance of the city or urban county in housing and community development programs; the extent to which the grant will stimulate economic recovery by leveraging private investment; the number of permanent jobs to be created and their relation to the amount of grant funds requested; the proportion of permanent jobs accessible to lower income persons and minorities, including persons who are unemployed; the impact of the proposed activities on the fiscal base of the city or urban county and its relation to the amount of grant funds requested; the extent to which State or local government funding or special economic incentives have been committed; and the feasibility of accomplishing the proposed activities in a timely fashion within the grant amount available. “(2) For the purpose of making grants with respect to areas described in subsection (b)(2), the Secretary shall establish selection criteria, which must include (A) factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration among eligible areas, and (B) such other criteria as the Secretary may determine, including at a minimum the criteria listed in paragraph (1)(C) of this subsection. “(e) The Secretary may not approve any grant to a city or urban county eligible under subsection (b)(2) unless— “(1) the grant will be used in connection with a project located in an area described in subsection (b)(2), except that the Secretary may waive this requirement where the Secretary determines (A) that there is no suitable site for the project within that area, (B) the project will be located directly adjacent to that area, and (C) the project will contribute substantially to the economic development of that area; “(2) the city or urban county has demonstrated to the satisfaction of the Secretary that basic services supplied by the city or urban county to the area described in subsection (b)(2) are at least equivalent, as measured by per capita expenditures, to those supplied to other areas within the city or urban county which are similar in population size and physical characteristics and which have median incomes above the median income for the city or urban county; “(3) the grant will be used in connection with a project which will directly benefit the low- and moderate-income families and individuals residing in the area described in subsection (b)(2); and “(4) the city or urban county makes available, from its own funds or from funds received from the State or under any Federal program which permits the use of financial assistance to meet the non-Federal share requirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the application. “(f) Activities assisted under this section may include such activities, in addition to those authorized under section 105(a), as the 42 USC 5305. Secretary determines to be consistent with the purposes of this section. “(g) The Secretary shall, at least on an annual basis, make reviews Reviews and audits. and audits of recipients of grants under this section as necessary to determine the progress made in carrying out activities substantially in accordance with approved plans and timetables. The Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with the findings of these reviews and audits, except that funds already expended on eligible activities under this title shall not be recaptured or deducted from future grants made to the recipient. “(h) No assistance may be provided under this section for projects Industrial or commercial plants or facilities, assistance. intended to facilitate the relocation of industrial or commercial plants or facilities from one area to another, unless the Secretary finds that the relocation does not significantly and adversely affect the unemployment or economic base of the area from which the industrial or commercial plant or facility is to be relocated. “(i) Not less than 25 per centum of the funds made available for grants under this section shall be used for cities with populations of less than fifty thousand persons which are not central cities of a metropolitan statistical area. “(j) A grant may be made under this section only where the Secretary determines that there is a strong probability that (1) the non-Federal investment in the project would not be made without the grant, and (2) the grant would not substitute for non-Federal funds which are otherwise available to the project. “(k) In making grants under this section, the Secretary shall take such steps as the Secretary deems appropriate to assure that the amount of the grant provided is the least necessary to make the project feasible. “(l) For purposes of this section, the Secretary may reduce or waive the requirement in section 102(a)(5)(B)(ii) that a town or township be 42 USC 5302. closely settled. “(m) In the case of any application which identifies any property in accordance with subsection (c)(4)(B), the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation officer and the Secretary of the Interior have been provided an opportunity to take action in accordance with the provisions of section 121(b). 94 Stat. 1620. 42 USC 5320. “City.” “(n) (1) For the purposes of this section, the term ‘city’ includes Guam, the Virgin Islands, and Indian tribes. “(2) The Secretary may not approve a grant to an Indian tribe under this section unless the tribe (A) is located on a reservation or in an Alaskan Native Village, and (B) is an eligible recipient under the State and Local Fiscal Assistance Act of 1972. 31 USC 1221 note. “(o) If no amounts are set aside under, or amounts are precluded from being appropriated for this section for fiscal years after fiscal year 1983, any amount which is or becomes available for use under this section after fiscal year 1983 shall be added to amounts appropriated 42 USC 5303. under section 103.”. (b) Section 121 of such Act is amended by striking out “subsection (c)(7)(B)” in subsection (b) and inserting in lieu thereof “subsection (c)(4)(B)”. (c) The amendments made by subsections (a) and (b) shall become effective on the effective date of regulations implementing such subsections. As soon as practicable, but not later than January 1, 1982, the Secretary shall issue such final rules and regulations as the Secretary determines are necessary to carry out such subsections. Sec. 309. community development technical amendments (a) Section 102(a) of the Housing and Community Development 42 USC 5302. Act of 1974 is amended— (1) by striking out paragraphs (18) and (19); (2) by inserting immediately after paragraph (6) the following: “(7) The term ‘nonentitlement area’ means an area which is not a metropolitan city or part of an urban county.”; and (3) by redesignating the remaining paragraphs accordingly. (b) Section 102(c) of such Act is amended by striking out “a Community Development Program in whole or in part” and inserting in lieu thereof “activities assisted under this title”. (c) The first sentence of section 102(d) of such Act is amended— (1) by striking out “103(a)(1)” and inserting in lieu thereof “103”; and (2) by striking out “unless the application by the urban county is disapproved or withdrawn prior to or during such three-year period” and inserting in lieu thereof “unless the urban county does not receive a grant for any year during such three-year period”. (d) Section 104(j) of such Act is amended by striking out “planning a joint community development program, meeting the application requirements of this section, and implementing such program” and inserting in lieu thereof “submitting a statement under section 104(a) and carrying out activities under this title”. (e) The caption of section 105 of such Act is amended to read as follows: “eligible activities”. (f) Section 105(a) of such Act is amended— (1) by striking out the first sentence and “These activities” in the second sentence and inserting in lieu thereof “Activities assisted under this title”; (2) by striking out “program” in paragraph (6); (3) by striking out “the Community Development Program” in paragraph (9) and inserting in lieu thereof “activities assisted under this title”; (4) by striking out “to the community development program” in paragraph (11); (5) by striking out “(as specifically” and all that follows through “104(a)(1)” in paragraph (14) and inserting in lieu thereof “which are carried out by public or private nonprofit entities”; and (6) by striking out “(as specifically described in the application submitted pursuant to section 104)” in paragraph (15). (g) Section 105(b) of such Act is amended by striking out “a grant” and inserting in lieu thereof “assistance”. (h) The second sentence of section 106(b)(4) of such Act is amended by striking out “for a grant under subsection (c) or (e)” and inserting in lieu thereof the following: “to receive assistance under subsection (d)”. (i) Section 108(d)(2) of such Act is amended by striking out 42 USC 5308. “approved or”. (j) The first sentence of section 110 of such Act is amended by 42 USC 5310. striking out “grants” and inserting in lieu thereof “assistance”. (k) The first sentence of section 112(a) of such Act is amended by 42 USC 5312. striking out “103(a)” and inserting in lieu thereof “103”. (l) Section 113(a)(2) of such Act is amended by striking out “as 42 USC 5813. approved by the Secretary”. (m) Section 116(b) of such Act is amended to read as follows: 94 Stat. 1622. 42 USC 5316. “(b) In the case of funds available for any fiscal year, the Secretary shall not consider any statement under section 104(a), unless such statement is submitted on or prior to such date (in that fiscal year) as the Secretary shall establish as the final date for submission of statements in that year.”. Sec. 310. community development miscellaneous amendments (a) Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by inserting the following before 42 USC 5302. the period at the end thereof: “or until September 30, 1982, whichever is later”. (b) Section 102(a)(6) of such Act is amended by inserting at the end thereof the following: “Any urban county (A) which qualified as an urban county in fiscal year 1981, (B) the population of which includes all of the population of the county (other than the population of metropolitan cities therein), and (C) the population of which for fiscal year 1982 falls below the amount required by clause (B) of the preceding sentence by reason of the 1980 decennial census shall be considered as meeting the population requirements of such clause for fiscal year 1982 and shall not be subject to the provisions of section 102(d) in that fiscal year.”. Sec. 311. rehabilitation loans (a) Subsection (a)(1)(D) of section 312 of the Housing Act of 1964 is amended by striking out “an approved community development 42 USC 1452b. program” and inserting in lieu thereof “community development activities”. (b) Subsection (d) of such section is amended— 94 Stat. 1622. (1) by inserting “and” after “October 1, 1979,” in the first sentence; (2) by striking out “and not to exceed $129,000,000 for the fiscal year beginning on October 1, 1981,” in the first sentence; and (3) by striking out the last sentence. (c) Subsection (h) of such section is amended by striking out “1982” each place it appears and inserting in lieu thereof “1983”. (d) Subsection (j)(1) of such section is amended by striking out the second sentence. Sec. 312. urban homesteading The first sentence of section 810(h) of the Housing and Community Development Act of 1974 is amended by striking out 12 USC 1706e. “and not to exceed $26,000,000 for the fiscal year 1979” and inserting in lieu thereof “not to exceed $26,000,000 for the fiscal year 1979, and not to exceed $13,467,000 for the fiscal year 1983”. Sec. 313. repealers (a) Title VII of the Housing and Community Development 42 USC 8121 note. 94 Stat. 1662. 40 USC 461. Amendments of 1978 is hereby repealed. (b) Section 701 of the Housing Act of 1954 is hereby repealed. Sec. 314. neighborhood reinvestment corporation Section 608(a) of the Neighborhood Reinvestment Corporation 94 Stat. 1645. 42 USC 8107. Act is amended— (1) by striking out “and” after “1980,”; and (2) by inserting the following before the period at the end thereof: “, and not to exceed $14,950,000 for fiscal year 1982”. Sec. 315. report on block grant program Not later than 270 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall report to the Congress on administrative and legislative steps that can be taken to— (1) require all grantees to concentrate their block grant funds in distressed geographic areas small enough so that visible improvements can be achieved in a reasonable time period and to ensure that claimed benefits to low- and moderate-income persons are, in actuality, occurring; (2) reduce the broad list of activities currently eligible so that funds can be focused on those activities which meet the cities’ most urgent revitalization needs; (3) develop overall income eligibility requirements for recipients of block grant supported rehabilitation; and (4) limit eligible rehabilitation work to that which is essential to restore the housing unit to a decent, safe, and sanitary or energy efficient condition, specifically prohibiting nonessential and luxury items, so that more homes needing basic repairs can be rehabilitated. PART 2— HOUSING ASSISTANCE PROGRAMS Sec. 321. housing authorizations (a) The first sentence of section 5(c)(1) of the United States Housing Act of 1937 is amended by inserting immediately after “1980” the following: “, and by $906,985,000 on October 1, 1981”. (b) The second sentence of section 5(c)(1) of such Act is amended by striking out “Acts;” and all that follows through the period and inserting in lieu thereof the following: “Acts. In addition, the aggregate amount which may be obligated over the duration of the contracts may not exceed $31,200,000,000 with respect to the additional authority provided on October 1, 1980, and $18,087,370,000 with respect to the additional authority provided on October 1, 1981.”. (c) Section 5(c) of such Act is amended by— (1) redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) inserting immediately after paragraph (2) the following: “(3) (A) Of the additional authority approved in appropriation Acts and made available on October 1, 1981, the Secretary shall make available at least $75,000,000 for assistance to projects under section 94 Stat. 1625. 42 USC 1437l. 14. “(B) Of the balance of the additional authority referred to in the preceding subparagraph which remains after deducting the amount to be provided for assistance to projects under section 14, the 94 Stat. 1625. 42 USC 1437l. Secretary shall allocate such authority for use in different areas and communities in accordance with section 213(d) of the Housing and Community Development Act of 1974, except that on a national basis 42 USC 1439. the Secretary may not enter into contracts aggregating— “(i) more than 45 per centum of such balance for existing units assisted under this Act; and “(ii) more than 55 per centum of such balance for newly constructed and substantially rehabilitated units assisted under this Act. “(C) After making allocations referred to in subparagraph (B), the General local government preferences, accommodation. Secretary shall, to the extent allowable within the percentage limitations contained in such subparagraph and within the available contract and budget authority, accommodate the preferences of units of general local government, which preferences shall be established after consultation with the appropriate public housing agencies, regarding (i) the mix among newly constructed, substantially rehabilitated, existing, or moderately rehabilitated units; (ii) the programs under which assistance is to be provided; and (iii) the extent to which such allocation should be used for comprehensive improvement assistance under section 14.”. (d) Section 9(c) of such Act is amended— 42 USC 1437g. (1) by striking out “and” after “on or after October 1, 1979,”; and (2) by inserting before the period at the end thereof the following: “, and not to exceed $1,500,000,000 on or after October 1, 1981”. (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.”. (f) (1) The first sentence of section 201(h) of the Housing and Community Development Amendments of 1978 is amended— 12 USC 1715z–1a. (A) by striking out “and” after “the fiscal year 1980,”; (B) by inserting before the period at the end thereof the following: “, and not to exceed $4,000,000 for the fiscal year 1982”; and (C) by striking out the comma immediately following “Act” and inserting in lieu thereof a closed parenthesis. (2) Section 201 of the Housing and Community Development 12 USC 1715Z–1 and note, 1715z–1a. Amendments of 1978 is amended— (A) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (B) by inserting the following new subsection after subsection (g): “(h) The Secretary may not use any of the assistance available under this section during any fiscal year beginning on or after October 1, 1981, to supplement any contract to make rental assistance payments which was made pursuant to section 101 of the 12 USC 1701s, 42 USC 1451. Housing and Urban Development Act of 1965.”. (3) The third sentence of section 236(f)(3) of the National Housing Post, p. 403. Act, as redesignated by section 322(f)(7) of this part, is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”. Sec. 322. tenant rental payments (a) Section 3 of the United States Housing Act of 1937 is amended to read as follows: “Sec. 3. “rental payments; definitions (a) Dwelling units assisted under this Act shall be rented only to families who are lower income families at the time of their initial occupancy of such units. A family shall pay as rent for a dwelling unit assisted under this Act the highest of the following amounts, rounded to the nearest dollar: “(1) 30 per centum of the family’s monthly adjusted income; “(2) 10 per centum of the family’s monthly income; or “(3) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated. “(b) When used in this Act: “(1) The term ‘lower income housing’ means decent, safe, and sanitary dwellings assisted under this Act. The term ‘public housing’ means lower income housing, and all necessary appurtenances thereto, assisted under this Act other than under section 8. When used in reference to public housing, the term ‘lower income housing project’ or ‘project’ means (A) housing developed, acquired, or assisted by a public housing agency under this Act, and (B) the improvement of any such housing. “(2) The term ‘lower income families’ means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. The term ‘very low-income families’ means lower income families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families. “(3) The term ‘families’ includes families consisting of a single person in the case of (A) a person who is at least sixty-two years of age or is under a disability as defined in section 223 of the Social Security Act or in section 102 of the Developmental Disabilities Services and 42 USC 423. 42 USC 6001. Facilities Construction Amendments of 1970, or is handicapped, (B) a displaced person, (C) the remaining member of a tenant family, and (D) other single persons in circumstances described in regulations of the Secretary. In no event shall more than 15 per centum of the units under the jurisdiction of any public housing agency be occupied by single persons under clause (D). In determining priority for admission to housing under this Act, the Secretary shall give preference to those single persons who are elderly, handicapped, or displaced before those eligible under clause (D). The term ‘elderly families’ means families whose heads (or their spouses), or whose sole members, are persons described in clause (A). A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which is expected to be of long-continued and indefinite duration, substantially impedes such person’s ability to live independently, and is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘displaced person’ means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Notwithstanding the preceding provisions of this subsection, the term ‘elderly families’ includes two or more elderly, disabled, or handicapped individuals living together, or one or more such individuals living with one or more persons determined under regulations of the Secretary to be essential to their care or well being. “(4) The term ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. “(5) The term ‘adjusted income’ means the income which remains after excluding such amounts or types of income as the Secretary may prescribe. In determining amounts to be excluded from income, the Secretary may, in the Secretary’s discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate. “(6) The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of lower income housing. “(7) The term ‘State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and Indian tribes, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. “(8) The term ‘Secretary’ means the Secretary of Housing and Urban Development. “(c) When used in reference to public housing: “(1) The term ‘development’ means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a lower income housing project. The term ‘development cost’ comprises the costs incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carry-ing out the development of such project. Construction activity in connection with a lower income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings. “(2) The term ‘operation’ means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a lower income housing project. The term also means the financing of tenant programs and services for families residing in lower income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term ‘tenant programs and services’ includes the development and maintenance of tenant organizations which participate in the management of lower income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies in the community when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services. “(3) The term ‘acquisition cost’ means the amount prudently required to be expended by a public housing agency in acquiring property for a lower income housing project.”. (b) Sections 4, 5, 9, and 11 of such Act are amended by striking out “low-income” where it appears in the caption accompanying each such section and by inserting in lieu thereof “low-income”. (c) Sections 2, 4, 5, 6, 9, 11, 12, and 14 of such Act are amended by striking out “low income” and “low-income” wherever they appear and inserting in lieu thereof “lower income”. (d) Section 6(c)(2) of such Act is amended by striking out the phrase “at intervals of two years (or at shorter intervals where the Secretary deems it desirable)” and inserting in lieu thereof “no less frequently than annually”. (e) Section 8 of such Act is amended— (1) by striking out paragraph (3) of subsection (c) and inserting in lieu thereof the following: “(3) The amount of the monthly assistance payment with respect to any dwelling unit shall be the difference between the maximum monthly rent which the contract provides that the owner is to receive for the unit and the rent the family is required to pay under section Ante, p. 400. 3(a) of this Act. Reviews of family income shall be made no less frequently than annually.”; (2) by striking out paragraph (7) of subsection (c) and redesignating paragraph (8) of such subsection as paragraph (7); (3) by striking out paragraphs (1), (2), and (3) of subsection (f) and redesignating paragraphs (4), (6), and (6) of such subsection as paragraphs (1), (2), and (3), respectively; (4) by striking out “The provisions of section 3(1), 5(e), and 6” in subsection (h) and inserting in lieu thereof “Sections 5(e) and 6”; (5) by striking out the comma after the word “Act” in subsection (h); and (6) by striking out “25 per centum of one-twelfth of the annual income of such family” in paragraph (3) of subsection (j) and inserting in lieu thereof “the rent the family is required to pay under section 3(a) of this Act”. Ante, p. 400. (f) Section 236 of the National Housing Act is amended— 12 USC 1715z–1. (1) by striking out “two years” in subsection (e) and inserting in lieu thereof “one year”; (2) by striking out “25 per centum of the tenant’s income” in the second sentence of subsection (f)(1) and inserting in lieu thereof “30 per centum of the tenant’s adjusted income”; (3) by striking out clause (ii) in the third sentence of subsection (f)(1) and inserting in lieu thereof the following: “(ii) to permit the charging of a rental for such dwelling units at such an amount less than 30 per centum of a tenant’s adjusted income as the Secretary determines represents a proportionate decrease for the utility charges to be paid by such tenant, but in no case shall such rental be lower than 25 per centum of a tenant’s adjusted income.” (4) by striking out “25 per centum of their income” in paragraph (2) of subsection (f) and inserting in lieu thereof “30 per centum of their adjusted income”; (5) by striking out “25 per centum of the tenant’s income” in paragraph (2) of subsection (f) and inserting in lieu thereof “the highest of the following amounts, rounded to the nearest dollar: “(A) 30 per centum of the tenant’s monthly adjusted income; “(B) 10 per centum of the tenant’s monthly income; or “(C) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated”; (6) by striking out the third sentence in paragraph (2) of subsection (f); (7) by striking out subparagraph (A) of subsection (f)(3) and redesignating subsection (f)(3)(B) as subsection (f)(3); and (8) by striking out subsection (m) and inserting in lieu thereof the following: “(m) For the purpose of this section the term ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. In determining amounts to be excluded from income, the Secretary may, in the Secretary’s discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate.”. (g) Section 101 of the Housing and Urban Development Act of 1965 12 USC 1701s, 42 USC 1451. is amended— (1) by striking out paragraph (2) in subsection (c) and inserting in lieu thereof the following: “(2) ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. In determining amounts to be excluded from income, the Secretary may, in the Secretary’s discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate.”; (2) by striking out the first sentence of subsection (d) and inserting in lieu thereof the following: “The amount of the annual payment with respect to any dwelling unit shall be the lesser of (1) 70 per centum of the fair market rent, or (2) the amount by which the fair market rental for such unit exceeds 30 per centum of the tenant’s adjusted income.”; and (3) by striking out “, except the elderly, at intervals of two years (or at shorter intervals in cases where the Secretary may deem it desirable)” in paragraph (2) of subsection (e), and by inserting in lieu thereof “no less frequently than annually”. (h) Title II of the Housing and Community Development Amendments of 1979 is amended— (1) by striking out subsection (c) in section 202; and (2) by striking out subsection (c) in section 203. (i) (1) In determining the rent to be paid by tenants who are occupying housing assisted under the authorities amended by this section on the effective date of this Act, the Secretary, notwithstanding any other provision of this section, may provide for delayed applicability, or for staged implementation, of the procedures for determining rent required by the provisions of subsections (a) through (h) of this section if the Secretary determines that immediate application of such procedures would be impracticable, would violate the terms of existing leases, or would result in extraordinary hardship for any class of tenants. The Secretary shall provide that the amount of rent paid by any family shall not increase, as a result of the amendments made by this section and as a result of any other provision of Federal law redefining which governmental benefits are required to or may be considered as income, by more than 10 per centum during any 12-month period unless the increase above such 10 per centum is attributed solely to increases in income which are not caused by such amendments or by such redefinitions. The limitation contained in the preceding sentence shall remain in effect and may not be changed or superceded except by another provision of law which amends this subsection. Notwithstanding any other provision of this section, application of the procedures for determining rent contained in this section shall not result in a reduction in the amount of rent paid by any tenant below the amount paid by such tenant immediately preceding the effective date of this Act. (2) Tenants of housing assisted under the provisions of law amended by this section whose occupancy begins after the effective date of this Act shall be subject to immediate rent payment determinations in accordance with the amendments contained in subsections (a) through (h), except that the Secretary may provide for delayed applicability, or for staged implementation, of these requirements for such tenants if the Secretary determines that immediate application of the requirements of this section would be impracticable, or that uniform procedures for assessing rents would significantly decrease administrative costs and burdens. (3) The Secretary’s actions and determinations and the procedures for making determinations pursuant to this subsection shall not be reviewable in any court. The provisions of subsections (a) through (h) shall be implemented and fully applicable to all affected tenants no later than five years following the date of enactment of this Act, except that the Secretary may extend the time for implementation if the Secretary determines that full implementation would result in extraordinary hardship for any class of tenants. Sec. 323. income eligibility The United States Housing Act of 1937 is amended by adding at the end thereof the following: “Sec. 16. “income eligibility for assisted housing (a) Not more than 10 per centum of the dwelling units 42 USC 1437n. which were available for occupancy under public housing annual contributions contracts and section 8 housing assistance payments contracts under this Act before the effective date of the Housing and Community Development Amendments of 1981, and which will be Ante, p. 384. leased on or after such effective date shall be available for leasing by lower income families other than very low-income families. “(b) Not more than 5 per centum of the dwelling units which become available for occupancy under public housing annual contributions contracts and section 8 housing assistance payments contracts under this Act on or after the effective date of the Housing and Community Development Amendments of 1981 shall be available for leasing by lower income families other than very low-income families.”. Sec. 324. cost reduction in assisted housing Section 8 of the United States Housing Act of 1937 is 42 USC 1437f. amended— (1) by inserting after the first sentence of subsection (b)(2) the following: “To increase housing opportunities for very low-income families, the Secretary shall assure that newly constructed housing to be assisted under this section is modest in design.”; (2) by adding at the end of subsection (c)(2) the following: Contract rents, increases, limitation. “(D) Notwithstanding the foregoing, the Secretary shall limit increases in contract rents for newly constructed or substantially rehabilitated projects assisted under this section to the amount of operating cost increases incurred with respect to comparable rental dwelling units of various sizes and types in the same market area which are suitable for occupancy by families assisted under this section. Where no comparable dwelling units exist in the same market area, the Secretary shall have authority to approve such increases in accordance with the best available data regarding operating cost increases in rental dwelling units.”; and (3) by adding at the end thereof the following: “(l) After selection of a proposal involving newly constructed or substantially rehabilitated units for assistance under this section, the Secretary shall limit cost and rent increases, except for adjustments in rent pursuant to section 8(c)(2), to those approved by the Secretary. The Secretary may approve those increases only for unforeseen factors beyond the owner’s control, design changes required by the Secretary or the local government, or changes in financing approved by the Secretary. “(m) For the purpose of achieving the lowest cost in providing units in newly constructed projects assisted under this section, the Secretary shall give a preference in entering into contracts under this section for projects which are to be located on specific tracts of land provided by States or units of local government if the Secretary determines that the tract of land is suitable for such housing, and that affording such preference will be cost effective. “(n) In making assistance available under subsection (e)(5) and subsection (i), the Secretary may provide assistance with respect to residential properties in which some or all of the dwelling units do not contain bathroom or kitchen facilities, if— “(1) the property is located in an area in which there is a significant demand for such units, as determined by the Secretary; and “(2) the unit of general local government in which the property is located and the local public housing agency approve of such units being utilized for such purpose. Waiver The Secretary may waive, in appropriate cases, the limitation and preference described in the second and third sentences of section Ante, p. 400. 3(b)(3) with respect to the assistance made available under this subsection.”. Sec. 325. aid for eligible families Section 8 of the United States Housing Act of 1937 is amended— (1) by adding at the end of subsection (b)(2) the following: “Each contract to make assistance payments for newly constructed or substantially rehabilitated housing assisted under this section entered into after the date of enactment of the Housing and Ante, p. 384. Community Development Amendments of 1981 shall provide that during the term of the contract the owner shall make available for occupancy by families which are eligible for assistance under this section, at the time of their initial occupancy, the number of units for which assistance is committed under the contract.”; and (2) by inserting after “nonhandicapped persons” in the second sentence of subsection (c)(5) the following: “which are not subject to mortgages purchased under section 305 of the National Housing 12 USC 1720. Act”. Sec. 326. miscellaneous housing assistance provisions (a) Section 8(c) of the United States Housing Act of 1937 is amended by adding at the end thereof the following: “(8) Each contract under this section shall provide that the owner will notify tenants at least 90 days prior to the expiration of the contract of any rent increase which may occur as a result of the expiration of such contract.”. (b) (1) Within one year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall conduct a survey to determine the number of projects which are assisted under section 8 of the United States Housing Act of 1937 and are owned by developers or sponsors with five-year annual contributions contracts who plan to withdraw from the section 8 program when their contracts expire and who will increase rents in those projects to levels that the current residents of those projects will not be able to afford. Where such survey indicates that an owner intends to withdraw from the program, the Secretary shall notify affected residents of possible rent increases. (2) Not later than one year after the date of the enactment of this Act, the Secretary shall transmit to the Congress a report indicating alternative methods which may be utilized for recapturing the cost to the Federal Government of front-end investment in those units which are removed from the section 8 program. (c) The Secretary of Housing and Urban Development, after consultation with the Attorney General, shall develop regulations to prevent possible conflicts of interest on the part of Federal, State, and local government officials with regard to participation in projects assisted under section 8 of the United States Housing Act of 1937, and shall make such regulations effective not later than 180 days after the date of enactment of this Act. (d) (1) The Secretary of Housing and Urban Development shall 42 USC 1437f note. permit public housing agencies to retain, out of judgments obtained by them in recovering amounts wrongfully paid as a result of fraud and abuse in the housing assistance program under section 8 of the United States Housing Act of 1937, an amount equal to the greater of 42 USC 1437f. (A) the legal expenses incurred in obtaining such judgments, or (B) 50 per centum of the amount actually collected on the judgments. (2) The Secretary of Housing and Urban Development shall include in the annual report under section 8 of the Department of Hawing and Urban Development Act a summary of cases brought to its attention by public housing authorities for prosecution or civil action, and shall describe the handling of such cases by such authorities and by the Department of Housing and Urban Development and the resolution of such cases in the court system. (e) (1) Section 8(d)(1)(B) of the United States Housing Act of 1937 is amended to read as follows: “(B) (i) the lease between the tenant and the owner shall be for at least one year or the term of such contract, whichever is shorter, and shall contain other terms and conditions specified by the Secretary; and “(ii) the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause;”. (2) The amendment made by paragraph (1) shall apply with respect 42 USC 1437f note. to leases entered into on or after October 1, 1981. Sec. 327. rent supplements (a) Section 101(l) of the Housing and Urban Development Act of 1965 is amended to read as follows: 12 USC 1701s. “(l) Notwithstanding the provisions of subsection (a) and any other provision of law, the Secretary may utilize additional authority under section 5(c) of the United States Housing Act of 1937 made available 94 Stat. 1624. 42 USC 1437c. by appropriation Acts on or after October 1, 1979, to supplement assistance authority available under this section.”. (b) The second sentence of section 101(d) of such Act is repealed. Sec. 328. section 235 amendments (a) Section 235(c)(2)(A) of the National Housing Act is 94 Stat. 1630. 12 USC 1715z. amended by striking out “ceases for a period of 90 continuous days or more making payments required under the mortgage, loan, or advance of credit secured by such a property, or”. (b) Section 235(h)(1) of such Act is amended by adding the following new sentences at the end thereof: “The Secretary shall not enter into new contracts for assistance payments under this section after March 31, 1982, except pursuant to a firm commitment issued on or before March 31, 1982, or pursuant to other commitments issued by the Secretary prior to June 30, 1981, reserving funds for housing to be assisted under this section where such housing is included in a project pursuant to section 119 of the Housing and Community Development Act of 1974. In no event may the Secretary enter into any new 42 USC 5318. contract for assistance payments under this section after September 30, 1983.”. (c) Section 235(q)(14) of such Act is amended by striking out “ceases for a period of 90 continuous days or more making payments on the mortgage, loan, or advance of credit secured by the property, or”. Sec. 329. restriction on use of assisted housing (a) Section 214 of the Housing and Community Development 94 Stat. 1637. 42 USC 1436a. Act of 1980 is amended to read as follows: “Sec. 214. “restriction on use of assisted housing (a) Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is— “(1) an alien lawfully admitted for permanent residence as an immigrant as defined by sections 101(a)(15) and 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) and 8 U.S.C. 1101(a)(20)), excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; “(2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 249 of the Immigration and Nationality Act (8 U.S.C. 1259); “(3) an alien who is lawfully present in the United States pursuant to an admission under section 207 of the Immigration 94 Stat. 103. and Nationality Act (8 U.S.C. 1157) or pursuant to the granting of asylum (which has not been terminated) under section 208 of 94 Stat. 105. such Act (8 U.S.C. 1158); “(4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 212(d)(5) of the Immigration and Nationality 94 Stat. 107. Act (8 U.S.C. 1182(d)(5)); or “(5) an alien who is lawfully present in the United States as a result of the Attorney General’s withholding deportation pursuant to section 243(h) of the Immigration and Nationality Act (8 94 Stat. 107. U.S.C. 1253(h)). “(b) For purposes of this section the term ‘financial assistance’ means financial assistance made available pursuant to the United 42 USC 1437 note. 12 USC 1715z, 1715z–1. States Housing Act of 1937, section 235 or 236 of the National Housing Act, or section 101 of the Housing and Urban Development Act of 1965.”. (b) An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of section 214 of the Housing and Community Development Act of 1980, to be an Supra. alien described in section 214(a)(3) of such Act. Sec. 329A. payment for development managers The Secretary of Housing and Urban Development shall 42 USC 1437j–i. develop and implement a revised fee schedule for development managers of lower income housing projects assisted under the United States Housing Act of 1937 so that the percentage limitation applicable 42 USC 1437 note. to fees chargeable in connection with smaller projects is increased to a minimum level which is practicable. Sec. 329B. review of operating subsidy formula The Secretary of Housing and Urban Development shall review the administration of the operating subsidy program under section 9 of the United States Housing Act of 1937, including an 42 USC 1437g. examination of alternative methods for distributing operating subsidies which provide incentives for efficient management, full rent collection, and improved maintenance of projects developed under the United States Housing Act of 1937. Not later than March 1, 1982, Report to Congress. the Secretary of Housing and Urban Development shall transmit a report to the Congress on the results of such review. Sec. 329C. energy efficiency efforts Section 201 of the Housing and Community Development Amendments of 1978 is amended— 12 USC 1715z–1a. (1) in subsection (f)(1), by striking out “and” at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof “; and”, and by adding at the end thereof the following: “(D) an amount determined by the Secretary to be necessary to carry out a plan to upgrade the project to meet cost-effective energy efficiency standards prescribed by the Secretary.”; and (2) by inserting after subsection (h) the following: “(i) Notwithstanding any other provision of law, in exercising any authority relating to the approval or disapproval of rentals charged tenants residing in projects which are eligible for assistance under this section, the Secretary— “(1) shall consider whether the mortgagor could control increases in utility costs by securing more favorable utility rates, by undertaking energy conservation measures which are financially feasible and cost effective, or by taking other financially feasible and cost-effective actions to increase energy efficiency or to reduce energy consumption; and “(2) may, in his discretion, adjust the amount of a proposed rental increase where he finds the mortgagor could exercise such control.”. Sec. 329D. recognition of kansas department of economic development The Secretary of Housing and Urban Development shall permit the Kansas Department of Economic Development to participate as a public housing agency for the purposes of programs carried out under the United States Housing Act of 1937 and as a State 42 USC 1437 note. agency for the purpose of section 883.203 of title 24 of the Code of Federal Regulations as in effect June 1, 1981. Sec. 329E. purchase of pha obligations In addition to any authority provided before October 1, 1981, the Secretary of Housing and Urban Development may, on and after October 1, 1981, enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations (as described in the first sentence of section 12 USC 2294. 16(b) of the Federal Financing Bank Act of 1973) issued by local public housing agencies for purposes of financing public housing projects 94 Stat. 1624. 42 USC 1437c. authorized by section 5(c) of the United States Housing Act of 1937. Notwithstanding any other provision of law, such contracts may be entered into only to the extent approved in appropriation Acts, and the aggregate amount which may be obligated over the duration of such contracts may not exceed $400,000,000. There are hereby authorized to be appropriated any amounts necessary to provide for such payments. The authority to enter into contracts under this subsection shall be in lieu of any authority (except for authority provided specifically to the Secretary before October 1, 1981) of the Secretary to enter into contracts for such purposes under section 16(b) of the Federal Financing Bank Act of 1973. Sec. 329F. tenant participation Section 202(b)(1) of the Housing and Community Development 12 USC 1715z–1b. Amendments of 1978 is amended by striking out “owner’s action” and inserting in lieu thereof “owner’s request for rent increase, conversion of residential rental units to any other use (including commercial use or use as a unit in any condominium or cooperative project), partial release of security, or major physical alterations”. Sec. 329G. fire safety Section 14(i)(1) of the United States Housing Act of 1937 is amended by inserting the following before the period at the end of the first sentence thereof: “, especially emergency and special purpose needs which relate to fire safety standards”. Sec. 329H. section 8 assistance for manufactured homes (a) Section 8(j) of the United States Housing Act of 1937 is amended to read as follows: “(j) (1) The Secretary may enter into contracts to make assistance payments under this subsection to assist lower income families by making rental assistance payments on behalf of any such family which utilizes a manufactured home as its principal place of residence. Such payments may be made with respect to the rental of the real property on which there is located a manufactured home which is owned by any such family or with respect to the rental by such family of a manufactured home and the real property on which it is located. In carrying out this subsection, the Secretary may— “(A) enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make such assistance payments to the owners of such real property, or “(B) enter into such contracts directly with the owners of such real property. “(2) (A) A contract entered into pursuant to this paragraph shall establish the maximum monthly rent (including maintenance and management charges) which the owner is entitled to receive for the space on which a manufactured home is located and with respect to which assistance payments are to be made. The maximum monthly rent shall not exceed by more than 10 per centum the fair market rental established by the Secretary periodically (but not less than annually) with respect to the market area for the rental of real property suitable for occupancy by families assisted under this paragraph. “(B) The amount of any monthly assistance payment with respect to any family which rents real property which is assisted under this paragraph, and on which is located a manufactured home which is owned by such family shall be the difference between the rent the family is required to pay under section 3(a) of this Act and the sum 42 USC 1437a. of— “(i) the monthly payment made by such family to amortize the cost of purchasing the manufactured home; “(ii) the monthly utility payments made by such family, subject to reasonable limitations prescribed by the Secretary; and “(iii) the maximum monthly rent permitted with respect to the real property which is rented by such family for the purpose of locating its manufactured home; except that in no case may such assistance exceed the total amount of such maximum monthly rent. “(3) (A) Contracts entered into pursuant to this paragraph shall Maximum monthly rent. establish the maximum monthly rent permitted with respect to the manufactured home and the real property on which it is located and with respect to which assistance payments are to be made. The maximum monthly rent shall not exceed by more than 10 per centum the fair market rental established by the Secretary periodically (but not less than annually) with respect to the market area for the rental of a manufactured home and the real property on which it is located suitable for occupancy by families assisted under this paragraph, except that the maximum monthly rent may exceed the fair market rental by more than 10 but not more than 20 per centum where the Secretary determines that special circumstances warrant such higher maximum rent. “(B) The amount of any monthly assistance payment with respect to any family which rents a manufactured home and the real property on which it is located and which is assisted under this paragraph shall be the difference between the rent the family is required to pay under section 3(a) of this Act and the sum of— “(i) the monthly utility payments made by such family, subject to reasonable limitations prescribed by the Secretary; and “(ii) the maximum monthly rent permitted with respect to the manufactured home and the real property on which it is located. “(4) The provisions of subsection (c)(2) of this section shall apply to the adjustments of maximum monthly rents under this subsection. “(5) Each contract entered into under this subsection shall be for a Contract terms. term of not less than one month and not more than 180 months, except that in any case in which the manufactured home park is substantially rehabilitated or newly constructed, such term may not be less than 240 months, nor more than the maximum term for a manufactured home loan permitted under section 2(b) of the National Housing Act. Post, p. 414. “(6) The Secretary may carry out this subsection without regard to whether the manufactured home park is existing, substantially rehabilitated, or newly constructed. “(7) In the case of any substantially rehabilitated or newly constructed manufactured home park containing spaces with respect to which assistance is made under this subsection, the principal amount of the mortgage attributable to the rental spaces within the park may not exceed an amount established by the Secretary which is equal to or less than the limitation for manufactured home parks described in Post, p. 416. section 207(c)(3) of the National Housing Act, and the Secretary may increase such limitation in high cost areas in the manner described in such section. “(8) The Secretary may prescribe other terms and conditions which are necessary for the purpose of carrying out the provisions of this subsection and which are consistent with the purposes of this subsection.”. Sec. 329I. homeownership and fire safety studies (a) (1) The Secretary of Housing and Urban Development shall conduct a study of— (A) the extent, if any, to which section 8(c)(7) of the United 42 USC 1437f. States Housing Act of 1937 has been utilized; (B) the results of any such utilization; (C) if such section has not been utilized or utilized only on a very restricted basis, the reasons why it has not been utilized more extensively; and (D) different methods by which such section could be utilized for increasing homeownership opportunities for lower income families. (2) As a result of such study, the Secretary shall, not later than January 1, 1982, transmit to the Congress recommendations regarding the establishment of a demonstration project in which the Secretary would use section 8(c)(7) of such Act for the purpose of increasing homeownership opportunities for lower income families. Such proposal shall include, but not be limited to, provisions for— (A) targeting such project so that existing housing may be preserved to the maximum extent practicable; and (B) recovering assistance in the case of resale of the property or in other appropriate cases. (b) The Secretary shall conduct a study to the extent to which lower income housing projects do not meet applicable fire safety standards and report to the Congress with respect to such study not later than one year after the date of the enactment of this Act. PART 3— PROGRAM AMENDMENTS AND EXTENSIONS Sec. 331. federal housing administration extensions (a) Section 2(a) of the National Housing Act is amended by striking out “October 1, 1981” in the first sentence and inserting in lieu thereof “October 1, 1982”. (b) Section 217 of such Act is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”. (c) Section 221(f) of such Act is amended by striking out “September 30, 1981” in the fifth sentence and inserting in lieu thereof “September 30, 1982”. (d) (1) Section 235(m) of such Act is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”. (2) Section 235(q)(1) of such Act is amended by striking out “June 1, 94 Stat. 1631. 12 USC 1715z. 1981,” in the fourth sentence thereof and inserting in lieu thereof “September 30, 1982,”. (e) Section 236(n) of such Act is amended by striking out “September 94 Stat. 1638. 12 USC 1715z–1. 30, 1981” and inserting in lieu thereof “September 30, 1982”. (f) Section 244(d) of such Act is amended— 12 USC 1715z–9. (1) by striking out “September 30, 1981” in the first sentence and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “October 1, 1981” in the second sentence and inserting in lieu thereof “October 1, 1982”. (g) Section 245(a) of such Act is amended by striking out “September 12 USC 1715z–10. 30, 1981” and inserting in lieu thereof “September 30, 1982”. (h) (1) Section 809(f) of such Act is amended by striking out “September 12 USC 1748h–1. 30, 1981” in the second sentence and inserting in lieu thereof “September 30, 1982”. (2) Section 810(k) of such Act is amended by striking out “September 94 Stat. 1639. 12 USC 1748h–2. 30, 1981” in the second sentence and inserting in lieu thereof “September 30, 1982”. (i) Section 1002(a) of such Act is amended by striking out “September 12 USC 1749bb. 30, 1981” in the second sentence and inserting in lieu thereof “September 30, 1982”. (j) Section 1101(a) of such Act is amended by striking out “September 12 USC 1749aaa. 30, 1981” in the second sentence and inserting in lieu thereof “September 30, 1982”. Sec. 332. flexible interest rates Section 3(a)(1) of Public Law 90–301 is amended by striking 94 Stat. 1639. 12 USC 1709–1. out “October 1, 1981” and inserting in lieu thereof “October 1, 1982”. Sec. 333. government national mortgage association (a) (1) Section 305(c) of the Federal National Mortgage Association Charter Act is amended— 12 USC 1720. (A) by striking out “and” after “1978,”; and (B) by inserting the following before the period at the end thereof: “, and by $1,100,000,000 on October 1, 1981”. (2) Section 305 of such Act is amended by adding the following new subsection at the end thereof: “(k) During fiscal year 1982, the Association may not enter into Mortgage purchases. commitments to purchase under this section mortgages with an aggregate principal amount in excess of $1,973,000,000, except that the Association may not enter into commitments to purchase mortgages secured by projects which do not contain units assisted under section 8 of the United States Housing Act of 1937 with an aggregate 42 USC 1437f. principal amount in excess of $580,000,000.”. (3) Section 306(g) of such Act is amended— 12 USC 1721. (A) by inserting “(1)” after “(g)”; (B) by striking out “(1)” and “(2)” in the first sentence and inserting in lieu thereof “(i)” and “(ii)”, respectively; and (C) by adding the following new paragraph at the end thereof: “(2) During fiscal year 1982, the Association may not enter into commitments to issue guarantees under this subsection in an aggregate amount in excess of $69,542,000,000.”. (b) (1) In entering into commitments to purchase below-market, 12 USC 1720 note. tandem plan mortgages during the period beginning on the date of the enactment of this Act and ending October 1, 1982, under section 305 of the Federal National Mortgage Association Charter Act, the Government National Mortgage Association may enter into such commitments only with respect to multifamily projects for which firm commitments for mortgage insurance under title II of the 12 USC 1707. National Housing Act have been issued. (2) The Secretary of Housing and Urban Development shall continue to process applications for mortgage insurance for multifamily projects under title 11 of the National Housing Act for a period of at least 90 days beginning on October 1, 1981. Sec. 334. general insurance fund Section 519(f) of the National Housing Act is amended by inserting the following before the period at the end thereof: “, which amount shall be increased by $126,673,000 on October 1, 1981”. Sec. 335. limitation on insurance authority Title V of the National Housing Act is amended by adding the following new section at the end thereof: “Sec. 531. “limitation on insurance authority During fiscal year 1982, the Secretary may not enter into commitments to insure under this Act loans and mortgages with an aggregate principal amount in excess of $41,000,000,000.”. Sec. 336. housing for the elderly Section 202(a)(4)(C) of the Housing Act of 1959 is amended by inserting the following before the period at the end of the second sentence: “, and not more than $850,848,000 may be approved in appropriation Acts for such loans with respect to fiscal year 1982”. Sec. 337. research authorizations The second sentence of section 501 of the Housing and 94 Stat. 1639. 12 USC 1701z–1. Urban Development Act of 1970 is amended 17 striking out “and not to exceed $51,000,000 for the fiscal year 1981” and inserting in lieu thereof “not to exceed $51,000,000 for the fiscal year 1981, and not to exceed $35,000,000 for the fiscal year 1982”. Sec. 338. property improvement and manufactured home loans (a) Section 2(b) of the National Housing Act is amended to read as follows: “(b) (1) No insurance shall be granted under this section to any such financial institution with respect to any obligation representing any such loan, advance of credit, or purchase by it if the amount of such loan, advance of credit, or purchase exceeds— “(A) $17,500 ($20,000 where financing the installation of a solar energy system is involved) if made for the purpose of financing alterations, repairs and improvements upon or in connection with existing single-family structures or manufactured homes; “(B) $43,750 or an average amount of $8,750 per family unit ($50,000 and $10,000, respectively, where financing the installation of a solar energy system is involved) if made for the purpose of financing the alteration, repair, improvement, or conversion of an existing structure used or to be used as an apartment house or a dwelling for two or more families; “(C) $22,500 ($35,000 in the case of a manufactured home composed of two or more modules) if made for the purpose of financing the purchase of a manufactured home; “(D) $35,000 ($47,500 in the case of a manufactured home composed of two or more modules) 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) such an amount as may be necessary, but not exceeding $12,500, if made for the purpose of financing the purchase, by an owner of a manufactured home which is the principal residence of that owner, of a suitably developed lot on which to place that manufactured home, and if the owner certifies that he or she will place the manufactured home on the lot acquired with such loan within six months after the date of such loan; “(F) $15,000 per family unit if made for the purpose of financing the preservation of an historic structure; and “(G) such principal amount as the Secretary may prescribe if made for the purpose of financing fire safety equipment for a nursing home, extended health care facility, intermediate health care facility, or other comparable health care facility. “(2) Because of prevailing higher costs, the Secretary may, by regulation, in Alaska, Guam, or Hawaii, increase any dollar amount limitation on manufactured homes or manufactured home lot loans contained in this subsection by not to exceed 40 per centum. In other areas where needed to meet higher costs of land acquisition, site development, and construction of a permanent foundation in connection with the purchase of a manufactured home or lot, the Secretary may, by regulation, increase any dollar amount limitation otherwise applicable by an additional $7,500. “(3) No insurance shall be granted under this section to any such financial institution with respect to any obligation representing any such loan, advance of credit, or purchase by it if the term to maturity of such loan, advance of credit or purchase exceeds— “(A) fifteen years and thirty-two days if made for the purpose of financing alterations, repairs, and improvements upon or in connection with an existing single-family structure or manufactured home; “(B) fifteen years and thirty-two days if made for the purpose of financing the alteration, repair, improvement or conversion of an existing structure used or to be used as an apartment house or a dwelling for two or more families; “(C) twenty years and thirty-two days (twenty-three years and thirty-two days in the case of a manufactured home composed of two or more modules) if made for the purpose of financing the purchase of a manufactured home; “(D) twenty years and thirty-two days (twenty-five years and thirty-two days in the case of a manufactured home composed of two or more modules) 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) fifteen years and thirty-two days if made for the purpose of financing the purchase, by the owner of a manufactured home which is the principal residence of that owner, of a suitably developed lot on which to place that manufactured home; “(F) fifteen years and thirty-two days if made for the purpose of financing the preservation of an historic structure; “(G) such term to maturity as the Secretary may prescribe if made for the purpose of financing the construction of a new structure for use in whole or in part for agricultural purposes; and “(H) such term to maturity as the Secretary may prescribe if made for the purpose of financing fire safety equipment for a nursing home, extended health care facility, intermediate health care facility, or other comparable health care facility. “(4) For the purpose of this subsection— “(A) the term ‘developed lot’ includes an interest in a condominium project (including any interest in the common areas) or a share in a cooperative association; “(B) a loan to finance the purchase of a manufactured home or a manufactured home and lot may also finance the purchase of a garage, patio, carport, or other comparable appurtenance; and “(C) a loan to finance the purchase of a manufactured home or a manufactured home and lot shall be secured by a first lien upon such home or home and lot, its furnishings, equipment, accessories, and appurtenances. “(5) No insurance shall be granted under this section to any such financial institution with respect to any obligation representing any such loan, advance of credit, or purchase by it unless the obligation bears such interest, has such maturity, and contains such other terms, conditions, and restrictions as the Secretary shall prescribe, in order to make credit available for the purpose of this title. Any such obligation with respect to which insurance is granted under this section shall bear interest and insurance premium charges not exceeding (A) an amount, with respect to so much of the net proceeds thereof as does not exceed $2,500, equivalent to $5.50 discount per $100 of original face amount of a one-year note payable in equal monthly installments, plus (B) an amount, with respect to any portion of the net proceeds thereof in excess of $2,500, equivalent to $4.50 discount per $100 of original face amount of such note. The amounts referred to in clauses (A) and (B) of the preceding sentence, when correctly based on tables of calculations issued by the Secretary or adjusted to eliminate minor errors in computation in accordance with requirements of the Secretary, shall be deemed to comply with such sentence. “(6) (A) Any obligation with respect to which insurance is granted under this section may be refinanced and extended in accordance with such terms and conditions as the Secretary may prescribe, but in no event for an additional amount or term in excess of any applicable maximum provided for in this subsection. “(B) The owner of a manufactured home lot purchased without assistance under this section but otherwise meeting the requirements of this section may refinance such lot under this section in connection with the purchase of a manufactured home if the borrower certifies that the home and lot is or will be his or her principal residence within six months after the date of the loan.”. (b) Section 207(f)(3) of the National Housing Act is amended by striking out “$8,000” and inserting in lieu thereof “$9,000”. Sec. 339. mortgage insurance for condominiums (a) The first sentence of section 234(b) of the National 12 USC 1715y. Housing Act is amended by inserting “, including a project in which the dwelling units are attached, semi-attached, or detached,” after “multifamily project”. Sec. 339A. housing counseling Section 106(a)(3) of the Housing and Urban Development Act of 1968 is amended by inserting the following before the period at 12 USC 1701x. the end of the first sentence: “; except that for the fiscal year 1982, there are authorized to be appropriated not to exceed $4,000,000 for such purposes”. Sec. 339B. technical amendments (a) The last sentence of section 207(c)(3), section 213(p), the last proviso in section 220(d)(3)(B)(iii), section 221(k), the proviso in section 231(c)(2), and section 234(j) of the National Housing Act are 12 USC 1713, 1715e, 1715k, 1715l, 1715v, 1715y. amended— (1) by inserting “therein” immediately after “installation” wherever it appears; and (2) by striking out “therein” before the punctuation at the end thereof. (b) Section 223(f) of such Act is amended— 94 Stat. 1650. 12 USC 1715n. (1) by inserting “and” immediately after the semicolon at the end of paragraph (2)(A); and (2) by redesignating paragraph (5) as paragraph (4). (c) For purposes of paragraphs (1) and (4) of section 308(c) of the Definitions. 94 Stat. 1640. 12 USC 1701 et seq., 5401 et seq. Housing and Community Development Act of 1980, the term “mobile home” and the term “manufactured home” shall be deemed to include the term “mobile homes” and the term “manufactured homes”, respectively. (d) (1) The material preceding the proviso in clause (2) of the first sentence of section 234(c) of the National Housing Act is amended to 12 USC 1715y. read as follows: “(2) the project is or has been covered by a mortgage insured under any section (except section 213(a) (1) and (2)) of this Act 12 USC 1715e. or the project was approved for a guarantee, insurance, or a direct loan under chapter 37 of title 38, United States Code, notwithstanding 38 USC 1801 et seq. any requirements in any such section that the project be constructed or rehabilitated for the purpose of providing rental housing;”. (2) Section 318 of the Housing and Community Development Act of Repeal. 94 Stat. 1646. 1980 is repealed. Sec. 339C. lower cost technology The Secretary of Housing and Urban Development is 12 USC 1701z–14. authorized to develop and implement a demonstration program utilizing lower cost building technology for projects located on inner-city vacant land. Sec. 339D. reduction of 1981 authority (a) Notwithstanding any other provision of law, the authorizations for appropriations for programs and activities administered by the Secretary for Housing and Urban Development in fiscal year 1981 are reduced by $5,359,000,000. (b) This section takes effect upon the date of enactment of this Act. Effective date. Sec. 339E. national institute of building sciences (a) Section 809(h) of the Housing and Community Development Act of 1974 is amended by striking out “through 1982 12 USC 1701j–2. (with” and inserting in lieu thereof “through 1984 (with not more than $500,000 to be appropriated for each of the fiscal years 1982, 1983, and 1984 and with”. (b) Section 809(c)(4) of such Act is amended by inserting the following before the period at the end thereof: “; except that., notwithstanding any such rules and procedures as may be adopted by the Institute, the President of the United States, by and with the advice and consent of the Senate, shall appoint, as representative of the public interest, two of the members of the Board of Directors selected each year for terms commencing in that year”. Sec. 339F. new communities Section 717(b) of the National Urban Policy and New 42 USC 4518. Community Development Act of 1970 is amended by adding the following new sentence at the end thereof: “With respect to fiscal year 1982, the Secretary may not issue obligations under this section in an aggregate amount in excess of $33,250,000.”. Sec. 339G. purchaser-broker arrangement Title V of the National Housing Act is amended by adding the following new section at the end thereof: “Sec. 532. “purchaser-broker arrangement In carrying out the provisions of title II of this Act with respect to insuring mortgages secured by a one- to four-family residence, the Secretary may not exclude from the principal amount which may be insured under such title any sum solely on the basis that such sum is to be paid by the purchaser to a broker who has been the purchaser’s agent in the purchase of the residence, but the principal amount of the mortgage, when such sum is added, shall not exceed the limitation as to maximum mortgage amount provided in title II.”. Sec. 339H. mortgage insurance for hospitals Section 242(d)(5) of the National Housing Act is amended by adding at the end thereof the following: “This paragraph shall not limit the authority of the Secretary to approve a mortgage increase on any mortgage eligible for insurance under this paragraph at any time prior to final endorsement of the loan for insurance; except that such mortgage increase may not be approved for the cost of constructing any improvements not included in the original plans and specifications approved by the Department of Health and Human Services unless approved by the Secretary of Housing and Urban Development and by the Secretary of Health and Human Services.”. PART 4— FLOOD, CRIME, AND RIOT INSURANCE Sec. 341. flood insurance (a) Section 1376(c) of the National Flood Insurance Act of 94 Stat. 1639. 42 USC 4127. 1968 is amended— (1) by striking out “and” after “1980,”; and (2) by inserting the following before the period at the end thereof “, and not to exceed $42,600,000 for the fiscal year 1982”. (b) (1) Section 1319 of the National Flood Insurance Act of 1968 is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”. (2) Section 1336(a) of such Act is amended by striking out “September 42 USC 4056. 30, 1981” and inserting in lieu thereof “September 30, 1982”. (c) (1) Section 1310(a) of such Act is amended by inserting “as 42 USC 4017. described in subsection (f)” after “which shall be available”. (2) Section 1310 of such Act is amended by adding the following new subsection at the end thereof: “(f) The fund shall be available, with respect to any fiscal year beginning on or after October 1, 1981, only to the extent approved in appropriation Acts; except that the fund shall be available for the purpose described in subsection (d)(1) without such approval.”. (d) (1) Chapter I of such Act is amended by adding the following new section at the end thereof: “Sec. 1321. “undeveloped coastal barriers (a) No new flood insurance coverage shall be provided 42 USC 4028. under this title on or after October 1, 1983, for any new construction or substantial improvements of structures located on undeveloped coastal barriers which shall be designated by the Secretary of the Interior. “(b) For purposes of this section— “(1) the term ‘coastal barrier’ means— “Coastal barrier.” “(A) a depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) which— “(i) consists of unconsolidated sedimentary materials, “(ii) is subject to wave, tidal, and wind energies, and “(iii) protects landward aquatic habitats from direct wave attack; and “(B) all associated aquatic habitats including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters; “(2) a coastal barrier or any portion thereof shall be treated as an undeveloped coastal barrier for purposes of subsection (a) only if there are few manmade structures on the barrier or portion thereof and these structures and man’s activities on the barrier do not significantly impede geomorphic and ecological processes; and “(3) a coastal barrier which is included within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization as defined in section 170(h)(3) of the Internal Revenue Code of 1954, primarily for wildlife refuge, 26 USC 170. sanctuary, recreational, or natural resource conservation purposes shall not be designated as an undeveloped coastal barrier for purposes of subsection (a). “(c) A federally insured financial institution may make loans secured by structures which are not eligible for flood insurance under this title by reason of subsection (a).”. (2) The Secretary of the Interior shall conduct a study for the Study. 42 USC 4028 note. Report to Congress. purpose of designating the undeveloped coastal barriers which will be affected by the amendment made by paragraph (1). Not later than one year after the date of enactment of this Act, the Secretary shall transmit to the Congress a report of the findings and conclusions of such study together with a proposed designation of the undeveloped coastal barriers and any recommendation regarding the definition of the term “coastal barrier” as enacted by such amendment. (e) Section 1345 of such Act is amended by adding at the end thereof 42 USC 4081. the following: “(c) The Director of the Federal Emergency Management Agency shall hold any agent or broker selling or undertaking to sell flood insurance under this title harmless from any judgment for damages against such agent or broker as a result of any court action by a policyholder or applicant arising out of an error or omission on the part of the Federal Emergency Management Agency, and shall provide any such agent or broker with indemnification, including court costs and reasonable attorney fees, arising out of and caused by an error or omission on the part of the Federal Emergency Management Agency and its contractors. The Director of the Federal Emergency Management Agency may not hold harmless or indemnify an agent or broker for his or her error or omission.”. Sec. 342. crime and riot insurance (a) Section 1201(b) of the National Housing Act is amended— (1) by striking out “September 30, 1981” in paragraph (1) and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “September 30, 1984” in paragraph (1)(A) and inserting in lieu thereof “September 30, 1985”. (b) Section 1211(b) of the National Housing Act is amended— (1) by inserting “and” at the end of paragraph (9); (2) by striking out “; and” at the end of paragraph (10) and inserting in lieu thereof a period; and (3) by striking out paragraph (11). PART 5— RURAL HOUSING Sec. 351. authorizations (a) Section 513 of the Housing Act of 1949 is amended— (1) by striking out “not to exceed $3,797,600,000 with respect to the fiscal year ending September 30, 1981” in subsection (a) and inserting in lieu thereof “not to exceed $3,700,600,000 with respect to the fiscal year ending September 30, 1982”; (2) by striking out “not less than $3,120,000,000” in subsection (a)(1) and inserting in lieu thereof “not less than $3,170,000,000”; (3) by striking out “not more than $100,000,000” in subsection (a)(4) and inserting in lieu thereof “none”; (4) by striking out subsection (b)(2) and inserting in lieu thereof the following: “(2) not to exceed $50,000,000 for loans and grants pursuant to 42 USC 1474. section 504 for the fiscal year ending September 30, 1982, of which not more than $25,000,000 shall be available for grants;”; (5) by striking out subsection (b)(3) and inserting in lieu thereof the following: “(3) not to exceed $25,000,000 for financial assistance pursuant 42 USC 1486. to section 516 for the fiscal year ending September 30, 1982;”; (6) by striking out “September 30, 1981” in subsection (b)(4) and inserting in lieu thereof “September 30, 1982”; and (7) by striking out “and” at the end of subsection (b)(4), by striking out the period at the end of subsection (b)(5) and inserting in lieu thereof “; and”, and by adding at the end thereof the following: “(6) not to exceed $2,000,000 for the purposes of section 509(c) for the fiscal year ending September 30, 1982.”. (b) Section 515(b)(5) of such Act is amended by striking out “September 30, 1981” and inserting in lieu thereof “September 30, 1982”. (c) Section 517(a)(1) of such Act is amended by striking out “September 94 Stat. 1668. 42 USC 1487. 30, 1981” and inserting in lieu thereof “September 30, 1982”. (d) Section 521(a)(2)(D) of such Act is amended— 94 Stat. 1668. 42 USC 1490a. (1) by striking “$493,000,000” and inserting in lieu thereof “$398,000,000”; and (2) by striking out “1981, except that” and all that follows through the period at the end thereof and inserting in lieu thereof “1982.”. (e) Section 523 of such Act is amended— 94 Stat. 1668. 42 USC 1490c. (1) by striking out “September 30, 1981” each place it appears in subsection (f) and inserting in lieu thereof “September 30, 1982”; (2) by striking out “not to exceed $2,500,000 for fiscal year 1981” in the first sentence of subsection (g) and inserting in lieu thereof “not to exceed $3,000,000 for fiscal year 1982”; (3) by inserting the following after “shall be available” in the second sentence of subsection (g): “, to the extent approved in appropriation Acts,”; and (4) by inserting the following before the period at the end of the second sentence of subsection (g): “; except that not more than $5,000,000 may be made available during fiscal year 1982”. Sec. 352. interest subsidy program Section 521(a)(1)(B) of the Housing Act of 1949 is amended 94 Stat. 1669. 42 USC 1490a. by striking out “shall” and inserting in lieu thereof “may”. Sec. 353. reports The Secretary of Agriculture shall transmit a report to Transmittal to Congress. the Congress not later than March 1, 1982, setting forth— (1) various options for presenting the budget of the Farmers Home Administration and alternatives to the use of Federal Financing Bank financing for rural housing programs; (2) workable definitions of “low income” which will target Farmers Home Administration housing assistance programs to a population substantially equivalent to the population served by the Department of Housing and Urban Development’s assisted housing programs; (3) the effect of a requirement that 30 per centum of assistance provided by the Farmers Home Administration be provided to families with incomes at 50 per centum of area median income and recommendations for contribution requirements which will achieve equity with the contribution requirements of the Department of Housing and Urban Development’s assisted housing programs; (4) recommendations for ensuring that subsidy levels for assisted families are minimized and that assisted families with similar circumstances in different regions of the country are treated equally; and (5) the Farmers Home Administration’s efforts to minimize the cost of housing subsidized under its programs and the Farmers Home Administration’s use of existing lower cost housing technology. PART 6— MULTIFAMILY MORTGAGE FORECLOSURE Sec. 361. short title This part may be cited as the “Multifamily Mortgage Foreclosure Act of 1981”. Sec. 362. findings and purpose (a) The Congress finds that— (1) disparate State laws under which the Secretary of Housing and Urban Development forecloses real estate mortgages which the Secretary holds pursuant to title II of the National Housing 12 USC 1707. 42 USC 1452b. Act or section 312 of the Housing Act of 1964 covering multiunit residential and nonresidential properties burden the programs administered by the Secretary pursuant to these authorities, and cause detriment to the residents of the affected projects and the community generally; (2) long periods to complete the foreclosure of these mortgages under certain State laws lead to deterioration in the condition of the properties involved; necessitate substantial Federal management and holding expenditures; increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and adversely affect the residents of the projects and the neighborhoods in which the properties are located; (3) these conditions seriously impair the Secretary’s ability to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authorities, as well as the national housing goal of “a decent home and a suitable living environment for every American family”; (4) application of State redemption periods to these mortgages following their foreclosure would impair the salability of the properties involved and discourage their rehabilitation and improvement, thereby compounding the problems referred to in clause (3); (5) the availability of a uniform and more expeditious procedure for the foreclosure of these mortgages by the Secretary and continuation of the practice of not applying postsale redemption periods to such mortgages will tend to ameliorate these conditions; and (6) providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts where they contribute to overcrowded calendars. (b) The purpose of this part is to create a uniform Federal foreclosure remedy for multiunit residential and nonresidential mortgages held by the Secretary of Housing and Urban Development pursuant to title II of the National Housing Act or section 312 of the Housing Act of 1964. Sec. 363. definitions As used in this part— (1) “mortgage” means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any interest in property, real, personal or mixed, or any interest in property including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien, for the purpose of securing the payment of money or the performance of an obligation; (2) “multifamily mortgage” means a mortgage held by the Secretary pursuant to title II of the National Housing Act or section 312 of the Housing Act of 1964 covering any property, 12 USC 1707. 12 USC 1452b. except a property on which there is located a one- to four-family residence; (3) “mortgage agreement” means the note or debt instrument and the mortgage instrument, deed of trust instrument, trust deed, or instrument or instruments creating the mortgage, including any instrument incorporated by reference therein (including any applicable regulatory agreement), and any instrument or agreement amending or modifying any of the foregoing; (4) “mortgagor” means the obligor, grantor, or trustor named in the mortgage agreement and, unless the context otherwise indicates, includes the current owner of record of the security property whether or not personally liable on the mortgage debt; (5) “person” includes any individual, group of individuals, association, partnership, corporation, or organization; (6) “record” and “recorded” include “register” and “registered” in the instance of registered land; (7) “security property” means the property, real, personal or mixed, or an interest in property, including leaseholds, life estates, reversionary interests, and any other estates under applicable State law, together with fixtures and other interests subject to the lien of the mortgage under applicable State law; (8) “State” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands, and Indian tribes as defined by the Secretary; (9) “county” means county as defined in section 2 of title I, United States Code; and 1 USC 2. (10) “Secretary” means the Secretary of Housing and Urban Development. Sec. 364. applicability Multifamily mortgages held by the Secretary encumbering 12 USC 3703. real estate located in any State may be foreclosed by the Secretary in accordance with this part, or pursuant to other foreclosure procedures available, at the option of the Secretary. Sec. 365. designation of foreclosure commissioner A foreclosure commissioner or commissioners designated 12 USC 3704. pursuant to this part shall have a nonjudicial power of sale as provided in this part. Where the Secretary is the holder of a multifamily mortgage, the Secretary may designate a foreclosure commissioner and, with or without cause, may designate a substitute foreclosure commissioner to replace a previously designated foreclosure commissioner, by executing a duly acknowledged, written designation stating the name and business or residential address of the commissioner or substitute commissioner. The designation shall be effective upon execution. Except as provided in section 368(b), a copy of the designation shall be mailed with each copy of the notice of default and foreclosure sale served by mail in accordance with section 369(1). The foreclosure commissioner, if a natural person, shall be a resident of the State in which the security property is located and, if not a natural person, the foreclosure commissioner must be duly authorized to transact business under the laws of the State in which the security property is located. The foreclosure commissioner shall be a person who is responsible, financially sound and competent to conduct the foreclosure. More than one foreclosure commissioner may be designated. If a natural person is designated as foreclosure commissioner or substitute foreclosure commissioner, such person shall be designated by name, except that where such person is designated in his or her capacity as an official or employee of the government of the State or subdivision thereof in which the security property is located, such person may be designated by his or her unique title or position instead of by name. The Secretary shall be a guarantor of payment of any judgment against the foreclosure commissioner for damages based upon the commissioner’s failure properly to perform the commissioner’s duties. As between the Secretary and the mortgagor, the Secretary shall bear the risk of any financial default by the foreclosure commissioner. In the event that the Secretary makes any payment pursuant to the preceding two sentences, the Secretary shall be fully subrogated to the rights satisfied by such payment. Sec. 366. prerequisites to foreclosure Foreclosure by the Secretary under this part of a multifamily mortgage may be commenced, as provided in section 368, upon the breach of a covenant or condition in the mortgage agreement for which foreclosure is authorized under the mortgage, except that no such foreclosure may be commenced unless any previously pending proceeding, judicial or nonjudicial, separately instituted by the Secretary to foreclose the mortgage other than under this part has been withdrawn, dismissed, or otherwise terminated. No such separately instituted foreclosure proceeding on the mortgage shall be instituted by the Secretary during the pendency of foreclosure pursuant to this part. Nothing in this part shall preclude the Secretary from enforcing any right, other than foreclosure, under applicable State law, including any right to obtain a monetary judgment. Nothing in this part shall preclude the Secretary from foreclosing under this part where the Secretary has obtained or is seeking any other remedy available pursuant to Federal or State law or under the mortgage agreement, including, but not limited to, the appointment of a receiver, mortgagee-in-possession status or relief under an assignment of rents. Sec. 367. notice of default and foreclosure sale (a) The notice of default and foreclosure sale to be served in accordance with this part shall be subscribed with the name and address of the foreclosure commissioner and the date on which subscribed, and shall set forth the following information: (1) the names of the Secretary, the original mortgagee and the original mortgagor; (2) the street address or a description of the location of the security property, and a description of the security property, or so much thereof as is to be offered for sale, sufficient to identify the property to be sold; (3) the date of the mortgage, the office in which the mortgage is recorded, and the liber and folio or other description of the location of recordation of the mortgage; (4) the failure to make payment, including the due date of the earliest installment payment remaining wholly unpaid as of the date the notice is subscribed, or the description of other default or defaults upon which foreclosure is based, and the acceleration of the secured indebtedness; (5) the date, time, and place of the foreclosure sale; (6) a statement that the foreclosure is being conducted pursuant to this part; (7) the types of costs, if any, to be paid by the purchaser upon transfer of title; and (8) the amount and method of deposit to be required at the foreclosure sale (except that no deposit shall be required of the Secretary), the time and method of payment of the balance of the foreclosure purchase price and other appropriate terms of sale. (b) (1) Except as provided in paragraph (2)(A), the Secretary may require, as a condition and term of sale, that the purchaser at a foreclosure sale under this part agree to continue to operate the security property in accordance with the terms, as appropriate, of the loan program under section 312 of the Housing Act of 1964, the 42 USC 1452b. program under which insurance under title II of the National Housing Act was originally provided with respect to such property, or 12 USC 1707. any applicable regulatory or other agreement in effect with respect to such property immediately prior to the time of foreclosure sale. (2) (A) In any case where the majority of the residential units in a property subject to such a sale are occupied by residential tenants at the time of the sale, the Secretary shall require, as a condition and term of sale, any purchaser (other than the Secretary) to operate the property in accordance with such terms, as appropriate, of the programs referred to in paragraph (1). (B) In any case where the Secretary is the purchaser of a multifamily project, the Secretary shall manage and dispose of such project in accordance with the provisions of section 203 of the Housing and Community Development Amendments of 1978. 12 USC 1715z–11. Sec. 368. commencement of foreclosure (a) If the Secretary as holder of a multifamily mortgage 12 USC 3707. determines that the prerequisites to foreclosure set forth in section 366 are satisfied, the Secretary may request the foreclosure commissioner to commence foreclosure of the mortgage. Upon such request, the foreclosure commissioner shall commence foreclosure of the mortgage, by commencing service of a notice of default and foreclosure sale in accordance with section 369. (b) Subsequent to commencement of a foreclosure under this part, the Secretary may designate a substitute foreclosure commissioner at any time up to forty-eight hours prior to the time of foreclosure sale, and the foreclosure shall continue without prejudice, unless the substitute commissioner, in his or her sole discretion, finds that continuation of the foreclosure sale will unfairly affect the interests of the mortgagor. In the event that the substitute commissioner makes such a finding, the substitute commissioner shall cancel the foreclosure sale, or adjourn such sale in the manner provided in section 369B(c). Upon designation of a substitute foreclosure commissioner, a copy of the written notice of such designation referred to in section 365 shall be served upon the persons set forth in section 369(1) of this part (1) by mail as provided in such section 369 (except that the minimum time periods between mailing and the date of foreclosure sale prescribed in such section shall not apply to notice by mail pursuant to this subsection), or (2) in any other manner, which in the substitute commissioner’s sole discretion, is conducive to achieving timely notice of such substitution. In the event a substitute foreclosure commissioner is designated less than forty-eight hours prior to the time of the foreclosure sale, the pending foreclosure shall be terminated and a new foreclosure shall be commenced by commencing service of a new notice of default and foreclosure sale. Sec. 369. service of notice of default and foreclosure sale The foreclosure commissioner shall serve the notice of default and foreclosure sale provided for in section 367 upon the following persons and in the following manner, and no additional notice shall be required to be served notwithstanding any notice requirements of any State or local law— (1) Notice by mail.— The notice of default and foreclosure sale, together with the designation required by section 365, shall be sent by certified or registered mail, postage prepaid and return receipt requested, to the following persons: (A) the current security property owner of record, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part; (B) the original mortgagor and all subsequent mortgagors of record or other persons who appear of record or in the mortgage agreement to be liable for part or all of the mortgage debt, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part, except any such mortgagors or persons who have been released; and (C) all persons holding liens of record upon the security property, as the record exists forty-five days prior to the date originally set for foreclosure sale, whether or not the notice describes a sale adjourned as provided in this part. Notice under clauses (A) and (B) of this paragraph shall be mailed at least twenty-one days prior to the date of foreclosure sale, and shall be mailed to the owner or mortgagor at the address stated in the mortgage agreement, or, if none, to the address of the security property, or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such owner or mortgagor. Notice under clause (C) of this paragraph shall be mailed at least ten days prior to the date of foreclosure sale, and shall be mailed to each such lienholder’s address as stated of record or, at the discretion of the foreclosure commissioner, to any other address believed to be that of such lienholder. Notice by mail pursuant to this subsection or section 368(b) of this part shall be deemed duly given upon mailing, whether or not received by the addressee and whether or not a return receipt is received or the letter is returned. (2) Publication.— A copy of the notice of default and foreclosure sale shall be published, as provided herein, once a week during three successive calendar weeks, and the date of last publication shall be not less than four nor more than twelve days prior to the sale date. The information included in the notice of default and foreclosure sale pursuant to section 367(a)(4) may be omitted, in the foreclosure commissioner’s discretion, from the Newspaper notice. published notice. Such publication shall be in a newspaper or newspapers having general circulation in the county or counties in which the security property being sold is located. To the extent practicable, the newspaper or newspapers chosen shall be a newspaper or newspapers, if any is available, having circulation conducive to achieving notice of foreclosure by publication. Should there be no newspaper published at least weekly which Posting in public place. has a general circulation in one of the counties in which the security property being sold is located, copies of the notice of default and foreclosure sale shall be posted in at least three public places in each such county at least twenty-one days prior to the date of sale. (3) Posting.— A copy of the notice of default and foreclosure sale shall be posted in a prominent place at or on the real property to be sold at least seven days prior to the foreclosure sale, and entry upon the premises for this purpose shall be privileged as against all persons. If the property consists of two or more noncontiguous parcels of land, a copy of the notice of default and foreclosure sale shall be posted in a prominent place on each such parcel. If the security property consists of two or more separate buildings, a copy of the notice of default and foreclosure sale shall be posted in a prominent place on each such building. Posting at or on the premises shall not be required where the foreclosure commissioner, in the commissioner’s sole discretion, finds that the act of posting will likely cause a breach of the peace or that posting may result in an increased risk of vandalism or damage to the property. Sec. 369A. presale reinstatement (a) Except as provided in sections 368(b) and 369B(c), the Sale cancellation conditions. 12 USC 3709. foreclosure commissioner shall withdraw the security property from foreclosure and cancel the foreclosure sale only if— (1) the Secretary so directs the commissioner prior to or at the time of sale; (2) the commissioner finds, upon application of the mortgagor at least three days prior to the date of sale, that the default or defaults upon which the foreclosure is based did not exist at the time of service of the notice of default and foreclosure sale; or (3) (A) in the case of a foreclosure involving a monetary default, there is tendered to the foreclosure commissioner before public auction is completed the entire amount of principal and interest which would be due if payments under the mortgage had not been accelerated; (B) in the case of a foreclosure involving a nonmonetary default, the foreclosure commissioner, upon application of the mortgagor before the date of foreclosure sale, finds that such default is cured; and (C) there is tendered to the foreclosure commissioner before public auction is completed all amounts due under the mortgage agreement (excluding additional amounts which would have been due if mortgage payments had been accelerated), all amounts of expenditures secured by the mortgage and ail costs of foreclosure incurred for which payment from the proceeds of foreclosure is provided in section 369C, except that the Secretary shall have discretion to refuse to cancel a foreclosure pursuant to this paragraph (3) if the current mortgagor or owner of record has on one or more previous occasions caused a foreclosure of the mortgage, commenced pursuant to this part or otherwise, to be canceled by curing a default. (b) Prior to withdrawing the security property from foreclosure in the circumstances described in subsection (a)(2) or (a)(3), the foreclosure commissioner shall afford the Secretary a reasonable opportunity to demonstrate why the security property should not be so withdrawn. (c) In any case in which a foreclosure commenced under this part is canceled, the mortgage shall continue in effect as though acceleration had not occurred. (d) If the foreclosure commissioner cancels a foreclosure sale under this part a new foreclosure may be subsequently commenced as provided in this part. Sec. 369B. conduct of sale; adjournment (a) The date of foreclosure sale set forth in the notice of default and foreclosure sale shall not be prior to thirty days after the due date of the earliest installment wholly unpaid or the earliest occurrence of any uncured nonmonetary default upon which foreclosure Public auction. is based. Foreclosure sale pursuant to this part shall be at public auction, and shall be scheduled to begin between the hours of 9 o’clock ante meridian and 4 o’clock post meridian local time on a day other than Sunday or a public holiday as defined by section 6103(a) of title 5, United States Code, or State law. The foreclosure sale shall be held at a location specified in the notice of default and foreclosure sale, which shall be a location where foreclosure real estate auctions are customarily held in the county or one of the counties in which the property to be sold is located, or at a courthouse therein, or at or on the property to be sold. Sale of security property situated in two or more counties may be held in any one of the counties in which any part of the security property is situated. (b) The foreclosure commissioner shall conduct the foreclosure sale in accordance with the provisions of this part and in a manner fair to both the mortgagor and the Secretary. The foreclosure commissioner shall attend the foreclosure sale in person, or, if there are two or more commissioners, at least one shall attend the foreclosure sale. In the event that no foreclosure commissioner is a natural person, the foreclosure commissioner shall cause its duly authorized employee to Written one-price sealed bids. attend the foreclosure sale to act on its behalf. Written one-price sealed bids shall be accepted by the foreclosure commissioner from the Secretary and other persons for entry by announcement by the commissioner at the sale. The Secretary and any other person may bid at the foreclosure sale, including the Secretary or any other person who has submitted a written one-price bid, except that the foreclosure commissioner or any relative, related business entity or employee of such commissioner or entity shall not be permitted to bid in any manner on the security property subject to foreclosure sale. The foreclosure commissioner may serve as auctioneer, or, in accordance with regulations of the Secretary, may employ an auctioneer to be paid from the commission provided for in section 369C(5). (c) The foreclosure commissioner shall have discretion, prior to or at the time of sale, to adjourn or cancel the foreclosure sale if the commissioner determines, in the commissioner’s sole discretion, that circumstances are not conducive to a sale which is fair to the mortgagor and the Secretary or that additional time is necessary to determine whether the security property should be withdrawn from foreclosure as provided in section 369A. The foreclosure commissioner may adjourn a sale to a later hour the same day without the giving of further notice, or may adjourn the foreclosure sale for not less than nine nor more than twenty-four days, in which case the commissioner shall serve a notice of default and foreclosure sale revised to recite that the foreclosure sale has been adjourned to a specified date and to include any corrections the foreclosure commissioner deems appropriate. Such notice shall be served by publication, mailing and posting in accordance with section 369, except that publication may be made on any of three separate days prior to the revised date of foreclosure sale, and mailing may be made at any time at least seven days prior to the date to which the foreclosure sale has been adjourned. Sec. 369C. foreclosure costs The following foreclosure costs shall be paid from the 12 USC 3711. sale proceeds prior to satisfaction of any other claim to such sale proceeds: (1) necessary advertising costs and postage incurred in giving notice pursuant to sections 369 and 369B; (2) mileage for posting notices and for the foreclosure commissioner’s attendance at the sale at the rate provided in section 1921 of title 28, United States Code, for mileage by the most reasonable road distance; (3) reasonable and necessary costs actually incurred in connection with any necessary search of title and lien records; (4) necessary out-of-pocket costs incurred by the foreclosure commissioner to record documents; and (5) a commission for the foreclosure commissioner for the conduct of the foreclosure to the extent authorized by regulations issued by the Secretary. Sec. 369D. disposition of sale proceeds Money realized from a foreclosure sale shall be made 12 USC 3712. available for obligation and expenditure— (1) first to cover the costs of foreclosure provided for in section 369C; (2) then to pay valid tax liens or assessments prior to the mortgage; (3) then to pay any liens recorded prior to the recording of the mortgage which are required to be paid in conformity with the terms of sale in the notice of default and foreclosure sale; (4) then to service charges and advancements for taxes, assessments, and property insurance premiums; (5) then to the interest; (6) then to the principal balance secured by the mortgage (including expenditures for the necessary protection, preservation, and repair of the security property as authorized under the mortgage agreement and interest thereon if provided for in the mortgage agreement); and (7) then to late charges. Any surplus after payment of the foregoing shall be paid to holders of Surplus proceeds. liens recorded after the mortgage and then to the appropriate mortgagor. If the person to whom such surplus is to be paid cannot be located, or if the surplus available is insufficient to pay all claimants and the claimants cannot agree on the allocation of the surplus, or if any person claiming an interest in the mortgage proceeds does not agree that some or all of the sale proceeds should be paid to a claimant as provided in this section, that part of the sale proceeds in question may be deposited by the foreclosure commissioner with an appropriate official or court authorized under law to receive disputed funds in such circumstances. If such a procedure for the deposit of disputed funds is not available, and the foreclosure commissioner files a bill of interpleader or is sued as a stakeholder to determine entitlement to such funds, the foreclosure commissioner’s necessary costs in taking or defending such action shall be deductible from the disputed funds. Sec. 369E. transfer of title and possession (a) The foreclosure commissioner shall deliver a deed or deeds to the purchaser or purchasers and obtain the balance of the purchase price in accordance with the terms of sale provided in the notice of default and foreclosure sale. (b) Subject to subsection (c), the foreclosure deed or deeds shall convey all of the right, title, and interest in the security property covered by the deed which the Secretary as holder, the foreclosure commissioner, the mortgagor, and any other persons claiming by, through, or under them, had on the date of execution of the mortgage, together with all of the right, title, and interest thereafter acquired by any of them in such property up to the hour of sale, and no judicial proceeding shall be required ancillary or supplementary to the procedures provided in this part to assure the validity of the conveyance or confirmation of such conveyance. (c) A purchaser at a foreclosure sale held pursuant to this part shall be entitled to possession upon passage of title to the mortgaged property, subject to an interest or interests senior to that of the mortgage and subject to the terms of any lease of a residential tenant for the remaining term of the lease or for one year, whichever period is shorter. Any other person remaining in possession after the sale and any residential tenant remaining in possession after the applicable period shall be deemed a tenant at sufferance. (d) There shall be no right of redemption, or right of possession based upon right of redemption, in the mortgagor or others subsequent to a foreclosure pursuant to this part. (e) When conveyance is made to the Secretary, no tax shall be imposed or collected with respect to the foreclosure commissioner’s deed, whether as a tax upon the instrument or upon the privilege of conveying or transferring title to the property. Failure to collect or pay a tax of the type and under the circumstances stated in the preceding sentence shall not be grounds for refusing to record such a deed, for failing to recognize such recordation as imparting notice or for denying the enforcement of such a deed and its provisions in any State or Federal court. Sec. 369F. record of foreclosure and sale (a) To establish a sufficient record of foreclosure and sale, the foreclosure commissioner shall include in the recitals of the deed to the purchaser or prepare an affidavit or addendum to the deed stating— (1) that the mortgage was held by the Secretary; (2) the particulars of the foreclosure commissioner’s service of notice of default and foreclosure sale in accordance with sections 369 and 369B; (3) that the foreclosure was conducted in accordance with the provisions of this part and with the terms of the notice of default and foreclosure sale; (4) a correct statement of the costs of foreclosure, calculated in accordance with section 369C; and (5) the name of the successful bidder and the amount of the successful bid. (b) The deed executed by the foreclosure commissioner, the foreclosure commissioner’s affidavit and any other instruments submitted for recordation in relation to the foreclosure of the security property under this part shall be accepted for recordation by the registrar of deeds or other appropriate official of the county or counties in which the security property is located upon tendering of payment of the usual recording fees for such instruments. Sec. 369G. computation of time Periods of time provided for in this part shall be 12 USC 3715. calculated in consecutive calendar days including the day or days on which the actions or events occur or are to occur for which the period of time is provided and including the day on which an event occurs or is to occur from which the period is to be calculated. Sec. 369H. separability If any clause, sentence, paragraph or part of this part 12 USC 3716. shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid or invalid as applied to a class of cases, such judgment shall not affect, impair, or invalidate the remainder thereof and of this part, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Sec. 369I. regulations The Secretary is authorized to issue such regulations as 12 USC 3717. may be necessary to carry out the provisions of this part. PART 7— EFFECTIVE DATE Sec. 371. effective date (a) Except as otherwise provided in this subtitle, the 12 USC 3701 note. provisions of this subtitle shall take effect on October 1, 1981. (b) The amendments made by sections 324, 325, and 326(a) shall Ante, pp. 405, 406. apply only with respect to contracts entered into on and after October 1, 1981. Subtitle B— Banking and Related Programs Sec. 380. short title This subtitle may be cited as the “Banking and Related Programs Authorization Adjustment Act”. Sec. 381. export-import bank of the united states (a) Section 7(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended— (1) by inserting “(1)” after “Sec. 7. (a)”; and (2) by adding at the end thereof the following: “(2) Within the limits of funds and borrowing authority available to the Bank pursuant to this Act, gross obligations for the principal amount of direct loans authorized by the Bank during fiscal years 1982 and 1983 shall not exceed $10,478,000,000, of which amount $5,065,000,000 is designated for fiscal year 1982 and $5,413,000,000 is designated for fiscal year 1983.”. (b) On or before December 15, 1981, the Secretary of the Treasury shall transmit a report to both Houses of the Congress regarding the status of negotiations within the Organization for Economic Cooperation and Development on improving the International Arrangement on Guidelines for Officially Supported Export Credits and on the status of any other multilateral or bilateral negotiations or discussions for the purpose of improving any other arrangements, standstills, minutes, and practices involving official export financing in which the United States participates. Such report shall include— (1) an assessment of the progress, if any, that has been made in these negotiations, and of the prospects for a successful conclusion to these negotiations within a reasonable time; and (2) a recommendation by the Secretary of the Treasury as to whether the Congress, in order to improve the prospects for a successful conclusion to these negotiations, should enact legislation for the purpose of enhancing the ability of the Export-Import Bank of the United States to offer or support export credit fully competitive with the subsidized official export credit offered or supported by other governments. Sec. 382. department of the treasury (a) Section 5 of the Act of November 8, 1978 (92 Stat. 3092; Public Law 95–612), is amended— (1) in subsection (a), by striking out “$24,000,000 for fiscal year 1979 and $22,375,000 for fiscal year 1980,” and inserting in lieu thereof “$22,896,000 for fiscal year 1982, and such sums as may be necessary for each fiscal year thereafter”; and (2) in subsection (b), by striking out “for fiscal year 1980 not to exceed $800,000” and inserting in lieu thereof “not to exceed $1,000,000 for fiscal year 1982, and such sums as may be necessary for each fiscal year thereafter,”. (b) The last sentence of section 3552 of the Revised Statutes (31 U.S.C. 369) is amended to read as follows: “There are authorized to be appropriated for fiscal year 1982 not to exceed $54,706,000 for all expenditures (salaries and expenses) of the mints and assay offices not herein otherwise provided for.”. (2) The amendment made by paragraph (1) shall take effect on October 1, 1981. Sec. 383. council on wage and price stability Section 6 of the Council on Wage and Price Stability Act (12 U.S.C. 1904 note) is hereby repealed. Sec. 384. usury provision Section 501(a)(1)(C)(vi) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f–7 note) is amended by inserting “or a residential manufactured home” after “residential real property”. Sec. 385. reserve requirements (a) Section 19(b)(8)(E) of the Federal Reserve Act (12 U.S.C. 461(b)(8)(E)) is amended by striking out the first two sentences thereof 94 Stat. 133. and inserting in lieu thereof the following: “This subparagraph applies to any depository institution that, on August 1, 1978, (i) was engaged in business as a depository institution in a State outside the continental limits of the United States, and (ii) was not a member of the Federal Reserve System at any time on or after such date. Such a depository institution shall not be required to maintain reserves against its deposits held or maintained at its offices located in a State outside the continental limits of the United States until the first day of the sixth calendar year which begins after the effective date of the Monetary Control Act of 1980.”. (b) The third sentence of section 19(b)(8)(E) of such Act (12 U.S.C. 461(b)(8)(E)) is amended by striking out “its deposits” and inserting in lieu thereof “such deposits”. Subtitle C— National Consumer Cooperative Bank Act Amendments Sec. 390. short title This subtitle may be cited as the “National Consumer 12 USC 3001 note. Cooperative Bank Act Amendments of 1981”. Sec. 391. acceleration of final government equity redemption date (a) (1) The National Consumer Cooperative Bank Act (12 U.S.C. 3001 et seq.) is amended by inserting after section 115 the Post, p. 436. following: “Sec. 116. “acceleration of final government equity redemption date (a) (1) (A) The Final Government Equity Redemption Date 12 USC 3026. shall occur on December 31, 1981, or not later than 10 days after the date of the enactment of the first Act providing for appropriations for fiscal year 1982 (other than continuing appropriations) for the Department of Housing and Urban Development and Independent Agencies, whichever occurs later. “(B) Not later than 5 days after the Final Government Equity Publication in Federal Register. Redemption Date, the Secretary of the Treasury shall publish a notice in the Federal Register indicating the day on which the Final Government Equity Redemption Date occurred. “(2) (A) Before the Final Government Equity Redemption Date, the Secretary of the Treasury shall purchase all class A stock for which the Congress has appropriated funds. “(B) After the Final Government Equity Redemption Date, the Secretary of the Treasury shall not purchase any class A stock. “(3) (A) On the Final Government Equity Redemption Date, all class A stock held by the Secretary of the Treasury on such date shall be redeemed by the Bank in exchange for class A notes which are issued by the Bank to the Secretary of the Treasury on behalf of the United States and which have a total face value equal to the total par value of the class A stock which is so redeemed, plus any unpaid dividends on such stock. “(B) During the period beginning on the Final Government Equity Redemption Date and ending on December 31, 1990, not less than 30 percent of the revenue derived from the sale of stock by the Bank, other than the sale of class B stock or class C stock, shall be used, upon receipt, to retire class A notes. “(C) After December 31, 1990, the Bank shall maintain a repayment schedule for class A notes which will assure full repayment of all class A notes not later than December 31, 2020. The requirement specified in the previous sentence is in addition to the requirement regarding the redemption of class A notes which is specified in section 12 USC 3014. 104(c). “(b) (1) The United States shall not be responsible for any obligation of the Bank which is incurred after the Final Government Equity Redemption Date. “(2) As soon as practicable after the date of the enactment of this section, the Board shall adopt bylaws which will assist in expediting and coordinating the activities which will occur with respect to the Final Government Equity Redemption Date.”. (2) The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. (b) (1) Only for purposes of section 107(a) of the National Consumer Cooperative Bank Act (12 U.S.C. 3017(a)), class A notes shall be deemed to be paid-in capital of the Bank. (2) This subsection shall take effect on the day after the Final Government Equity Redemption Date. Sec. 392. tax status of the sank (a) Section 109 of the National Consumer Cooperative Bank Act (12 U.S.C. 3019) is amended— (1) by striking out “Until the Final Government Equity Redemption Date, but not thereafter, the Bank” and inserting in lieu thereof “(a) The Bank”; and (2) by adding at the end thereof the following: “(b) Notwithstanding any other provision of law, for purposes of 26 USC 1381. subchapter T of the Internal Revenue Code of 1954— “(1) the Bank shall be treated as a corporation operating on the cooperative basis within the meaning of section 1381(a)(2) of such Code; “(2) the term ‘patronage dividend’, as defined in section 1388(a) of such Code includes, only as such section applies to the Bank, any patronage refunds in the form of class B or class C stock or allocated surplus that are distributed or set aside by the Bank 12 USC 3014. pursuant to section 104(i) of this Act; “(3) the terms ‘written notice of allocation’ and ‘qualified written notices of allocation’, as defined in sections 1388 (b) and (c) of such Code, include (to the extent of par value), only as such sections apply to the Bank, any class B or class C stock distributed by the Bank pursuant to section 104(i) of this Act and shall also include any allocated surplus set aside by the Bank pursuant to section 104(i) of this Act; “(4) patrons of the Bank shall be deemed to have consented under section 1388(c)(2) of such Code to the inclusion in their incomes of any qualified written notices of allocation received by such patrons from the Bank; and “(5) any amounts required to be included in the incomes of patrons of the Bank with respect to class B or class C stock or allocated surplus shall be treated as earnings from business done by such patrons of the Bank with or for their own patrons.”. (b) The amendments made by subsection (a) shall take effect on the Effective date. 12 USC 3019 note. day after the Final Government Equity Redemption Date. Sec. 393. board of directors (a) Subsections (a), (b), (c), and (d) of section 103 of such Act (12 U.S.C. 3013) are amended to read as follows: “(a) The Bank shall be governed by a Board of Directors (hereinafter in this Act referred to as the ‘Board’) which shall consist of 15 members. All members shall serve for a term of 3 years. After the expiration of the term of any member, such member may continue to serve until his successor has been elected or has been appointed and qualified. Any member appointed by the President may be removed Removal. for cause by the President. “(b) (1) The President shall appoint, by and with the advice and Appointment. consent of the Senate— “(A) one member who shall be selected from among proprietors of small business concerns, as defined under section 3 of the Small Business Act, which are manufacturers or retailers; 12 USC 371. “(B) one member who shall be selected from among the officers of the agencies and departments of the United States; and “(C) one member who shall be selected from among persons having extensive experience in the cooperative field representing low-income cooperatives eligible to borrow from the Bank. “(2) Twelve members of the Board shall be elected by the holders of class B stock and class C stock in accordance with the provisions of subsection (d) and the bylaws of the Bank. “(c) (1) On the day after the Final Government Equity Redemption Resignation. Date, all members of the Board of Directors of the Bank who were appointed by the President shall resign, except that— “(A) the member who shall have been appointed by the President from among proprietors of small business concerns, and “(B) one member who shall be designated by the President and who shall have been appointed by the President from among the officers and employees of the agencies and departments of the United States Government, may continue to serve until their successors have been appointed and qualified. “(2) Any member of the Board of Directors of the Bank who was elected by the holders of class B or class C stock before the Final Government Equity Redemption Date shall serve the remainder of the term for which such member was elected. “(3) Any member appointed pursuant to subsection (b)(1) shall be entitled to sit on any committee of the Board, but not more than one member so appointed may sit on any one committee. “(d) (1) All elections of members of the Board by the holders of class B stock and class C stock shall be conducted in accordance with the bylaws of the Bank. Such bylaws shall conform to the requirements of this section. Nominations for such elections shall be made by the following classes of cooperatives: (A) housing, (B) consumer goods, (C) low-income cooperatives, (D) consumer services, and (E) all other eligible cooperatives. “(2) (A) Vacant shareholder directorships shall be filled so that at Vacant shareholder directorships. any time when there are three or more shareholder directors on the Board, there shall be at least one director representing each of the following classes of cooperatives: (i) housing cooperatives, (ii) low-income cooperatives, and (ill) consumer goods and services cooperatives. “(B) Each nominee for a shareholder directorship of a particular class shall have at least three years experience as a director or senior officer in the class of cooperatives to be represented. “(C) No one class of cooperatives specified in paragraph (1) shall be represented on the Board by more than three directors.”, (b) Section 103(h) of such Act (12 U.S.C. 3013(h)) is amended— (1) in the second sentence thereof, by striking out “, until the Final Government Equity Redemption Date” and all that follows through “class B and class C stock” and inserting in lieu thereof “the member of the Board appointed pursuant to subsection (b)(1)(C)”; and (2) by adding at the end thereof the following: “The members of the Board who are elected by the holders of class B stock and class C stock shall be compensated in accordance with the bylaws of the Bank. All compensation and expenses paid to the members of the Board of Directors shall be paid by the Bank.”. (c) The amendments made by subsections (a) and (b) shall take effect on the day after the Final Government Equity Redemption Date. Sec. 394. examinations and audits; conforming amendments (a) (1) Section 115 of the National Consumer Cooperative Bank Act (12 U.S.C. 3025) is amended to read as follows: “Sec. 115. “examination and audit The Farm Credit Administration and the General Accounting Office are hereby authorized and directed to examine and Reports to Congress. audit the Bank. Reports regarding such examinations and audits shall be promptly forwarded to both Houses of the Congress. The Bank shall reimburse the Farm Credit Administration for the costs of any examination or audit conducted by the Farm Credit Administration.”. (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (b) The second sentence of section 108(a) of such Act (12 U.S.C. 3018(a)) is amended by striking out “October 1, 1983” and inserting in lieu thereof “October 1, 1985”. (c) (1) The first sentence of section 104(a) of such Act (12 U.S.C. 3014(a)) is amended by inserting “by other public or private investors,” after “by public bodies,”. (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (d) (1) The last sentence of section 102 of such Act (12 U.S.C. 3012) is amended to read as follows: “In determining whether a public offering is taking place for the purpose of the Securities Act of 1933, there shall be excluded from consideration all class B and class C stock purchases which took place prior to the date of the enactment of the National Consumer Cooperative Bank Act Amendments of 1981.”. (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (e) (1) The first sentence of section 105(a) of such Act (12 U.S.C. 3015(a)) is amended by striking out “entirely owned” and inserting in lieu thereof “primarily owned”. (2) The amendment made by paragraph (1) shall take effect on the Effective date. 12 USC 3015 note. day after the Final Government Equity Redemption Date. (f) Section 105(a)(5) of such Act (12 U.S.C. 3015(a)(5)) is amended by inserting “(except that this requirement shall not apply to any housing cooperative in existence on March 21, 1980, which did not meet such requirement on such date)” after “one vote per person basis”. (g) (1) The second sentence of section 107(a) of such Act (12 U.S.C. 3017(a)) is amended by striking out “after consultation with the Secretary of the Treasury”. (2) The amendment made by paragraph (1) shall take effect on the Effective date. 12 USC 3017 note. day after the Final Government Equity Redemption Date. Sec. 395. nonprofit corporation (a) The National Consumer Cooperative Bank Act (12 U.S.C. 3001 et seq.) is amended by inserting after section 210 the following: “Sec. 211. “establishment of nonprofit corporation (a) (1) Upon the incorporation of the nonprofit corporation 12 USC 3051. described in subsection (b), the Office of Self-Help Development and Technical Assistance is hereby abolished. “(2) (A) If the nonprofit corporation described in subsection (b) agrees to accept the liabilities of the Office, the Bank, notwithstanding any other provision of law, shall transfer all assets, liabilities, and property of the Office to such nonprofit corporation on the day on which such nonprofit corporation is incorporated. “(B) Such assets shall include all sums which are appropriated to the Office by the Congress and all sums which are contained in the Account established pursuant to section 202. If any such sums are 12 USC 3042. appropriated after the date on which the transfer described in subparagraph (A) occurs, the Bank shall promptly transfer such sums to such nonprofit corporation. “(b) (1) As soon as possible after the date of the enactment of this section, the Board shall establish a nonprofit corporation under the laws of the District of Columbia and, notwithstanding the laws of the District of Columbia, name the directors of such nonprofit corporation. “(2) Notwithstanding the laws of the District of Columbia, the Board of Directors of such nonprofit corporation shall— “(A) select an executive director who shall be responsible for the administration of such nonprofit corporation; “(B) set the compensation of such executive director and the other employees of such nonprofit corporation; “(C) promulgate and publish the policies of such nonprofit corporation and make such policies available at all times to eligible cooperatives; and “(D) perform the functions specified in subparagraphs (A) and (C) of paragraph (3). “(3) Such nonprofit corporation shall only perform— Functions. “(A) the functions which are authorized to be performed pursuant to sections 203 through 208 and section 210; 12 USC 3043–3048, 3050. “(B) such functions as are necessary to comply with the laws under which it was incorporated in the District of Columbia; and “(C) such functions as are necessary to remain qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954. 26 USC 501. “(4) Notwithstanding any other provision of law— “(A) the Bank may provide administrative or staff support to such nonprofit corporation; and “(B) any member of the Board of Directors of the Bank may serve as a member of the Board of Directors of such nonprofit corporation. “(c) (1) Notwithstanding any other provision of law, such nonprofit corporation shall be deemed to be, and treated as, qualified as an organization described in section 501(c)(3) of the Internal Revenue 26 USC 501. Code of 1954 from the date on which such nonprofit corporation is established under the laws of the District of Columbia until the date on which the Internal Revenue Service makes a final determination on the application which such nonprofit corporation will submit to the Internal Revenue Service seeking status as an organization qualifying under such section. “(2) When performed by such nonprofit corporation, the functions described in subsection (b)(3)(A) shall be deemed to be performed for ‘charitable purposes’ within the meaning of section 501(c)(3) of the Internal Revenue Code of 1954. “(d) (1) The Board of Directors of the Bank may make contributions to the nonprofit corporation in such amounts as the Board of Directors of the Bank deems appropriate, except that— “(A) such contributions may be made only out of the Bank’s earnings, determined in accordance with generally accepted accounting principles; and “(B) the Bank shall set aside amounts sufficient to satisfy its obligations to the Secretary of the Treasury for payments of principal and interest on class A notes and other debt before making any contributions to such nonprofit corporation. “(2) During any period in which the nonprofit corporation described in subsection (b) is qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954, contributions made by the Bank pursuant to paragraph (1) shall be treated as charitable contributions within the meaning of section 170(c)(2) of the 26 USC 170. Internal Revenue Code of 1954, and may be deducted notwithstanding the provisions of section 170(b)(2) of such Code. “(3) During any period in which the nonprofit corporation described in subsection (b) is qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954, contributions to such nonprofit corporation by any person shall qualify as charitable contributions, as defined in section 170(c) of such Code, for purposes of the charitable contribution deduction provided for in section 170(a) of such Code, and shall also qualify for the deductions for estate and gift tax purposes provided for in sections 2055 and 2522 26 USC 2055, 2522. of the Internal Revenue Code of 1954. “(e) Notwithstanding the laws of the District of Columbia, the Board of Directors of such nonprofit corporation shall adopt and publish its own conflict of interest rules which shall be no less stringent in effect than the conflict of interest provisions adopted by 12 USC 3024. the Board of Directors of the Bank pursuant to section 114.”. (b) (1) The first sentence of section 202 of the National Consumer Cooperative Bank Act (12 U.S.C. 3042) is amended by striking out “$10,000,000 for the fiscal year ending September 30, 1979, and for the next two succeeding fiscal years an aggregate amount not to exceed $65,000,000, for the purpose of making advances under section 12 USC 3043. 203 of this Act” and by inserting in lieu thereof “for the purpose of making advances under section 203 of this Act an amount not to exceed $14,000,000 for fiscal year 1982”. (2) Section 104(a) of such Act (12 U.S.C. 3014(a)) is amended by Appropriation authorization. striking out the second and third sentences thereof and inserting in lieu thereof the following: “There are authorized, to be appropriated not to exceed $47,000,000 for fiscal year 1982 for purposes of purchasing class A stock.”. (3) The amendments made by paragraphs (1) and (2) shall take Effective date. 12 USC 3014 note. effect on October 1, 1981. Sec. 396. conforming amendments; definitions (a) For purposes of this subtitle, the term “Final Government 12 USC 3012 note. Equity Redemption Date” shall have the same meaning given such term in section 101(5) of the National Consumer Cooperative Bank Act (12 U.S.C. 3011(5)). (b) The first sentence of section 101 of the National Consumer Cooperative Bank Act (12 U.S.C. 3011) is amended to read as follows: “The Congress of the United States hereby creates and charters a body corporate to be known as the National Consumer Cooperative Bank (hereinafter in this Act referred to as the ‘Bank’).”. (c) (1) Section 104(b) of such Act (12 U.S.C. 3014(b)) is amended— (A) in the first sentence, by striking out “class A, class B,” and inserting in lieu thereof “class B”; and (B) by amending the second and third sentences to read as follows: “Class A notes which are held by the United States shall have first preference with respect to assets and interest payments over all classes of stock issued by the Bank. So long as any class A notes are outstanding, the Bank shall not pay any dividend on any class of stock at a rate greater than the statutory interest rate payable on class A notes.”. (2) Section 104(c) of such Act (12 U.S.C. 3014(c)) is amended— (A) by striking out the first sentence thereof; (B) in the second sentence— (i) by striking out “class A stock” and inserting in lieu thereof “class A notes”; (ii) by striking out “dividends” each place it appears therein and inserting in lieu thereof “interest payments”; and (iii) by striking out “: Provided, That” and inserting in lieu thereof “, except that”; (C) in the third sentence, by striking out “dividends” and inserting in lieu thereof “interest payments”; (D) by amending the fourth sentence to read as follows: “Any such interest payment may be deferred by the Board of Directors with the approval of the Secretary of the Treasury, except that any interest payment so deferred shall bear interest at a rate equal to the rate determined pursuant to the first sentence of this subsection.”; (E) in the fifth sentence, by striking out “any other class of stock” and all that follows through the end thereof and inserting in lieu thereof “any class of stock at any time when the deferred interest payments on class A notes shall not have been paid in full, together with any unpaid interest on such notes.”; (F) in the sixth sentence— (i) by striking out “class A stock” each place it appears therein and inserting in lieu thereof “class A notes”; (ii) by striking out “other”; (iii) by striking out “dividends” and inserting in lieu thereof “interest payments”; and (iv) by striking out “par value” and inserting in lieu thereof “face value”; and (G) in the seventh sentence— (i) by striking out “class A stock” each place it appears therein and inserting in lieu thereof “class A notes”; (ii) by striking out “cumulative dividends” and inserting in lieu thereof “interest payments”; (iii) by striking out “: Provided, That” and inserting in lieu thereof “, except that”; (iv) by striking out “of shares” after “fiscal year a number”; and (v) by striking out “par value” each place it appears therein and inserting in lieu thereof “face value”. (3) Section 104(e) of such Act (12 U.S.C. 3014(e)) is amended— (A) by striking out “class A stock” each place it appears therein and inserting in lieu thereof “class A notes”; and (B) in the last sentence thereof, by striking out “statutory dividend” and inserting in lieu thereof “statutory interest payment”. (4) Section 104(f) of such Act (12 U.S.C. 3014(f)) is amended— (A) by striking out “class A stock is” and inserting in lieu thereof “class A notes are”; and (B) by striking out “class A stock as to dividends” and inserting in lieu thereof “class A notes as to dividends, interest payments,”. (5) Section 104(g)(2)(B) of such Act (12 U.S.C. 3014(g)(2)(B)) is amended by striking out “section 103(c)” and inserting in lieu thereof “section 103(d)(2)(A).”. (6) The second sentence of section 104(h) of such Act (12 U.S.C. 3014(h)) is hereby repealed. (7) The first sentence of section 104(i) of such Act (12 U.S.C. 3014(i)) is amended— (A) by striking out “cumulative dividends on class A stock” and inserting in lieu thereof “interest payments on class A notes”; and (B) by striking out “class A stock in” and inserting in lieu thereof “class A notes in”. (d) Section 107 of such Act (12 U.S.C. 3017) is amended— (1) by striking out subsection (b); and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (e) The second sentence of section 108(b) of such Act (12 U.S.C. 3018(b)) is amended by striking out “, but so long as” and all that follows through “class B stock in the Bank”. (f) The last sentence of section 114 of such Act (12 U.S.C. 3024) is hereby repealed. (g) Section 203 of such Act (12 U.S.C. 3043) is amended by striking out “out of the Account” each place it appears therein. (h) (1) Section 201 of the Government Corporation Control Act (31 U.S.C. 856) is amended by striking out “(7) the Rural Telephone Bank” and all that follows through the end thereof and inserting in lieu thereof “(7) the Rural Telephone Bank, (8) the United States Railway Association, and (9) the National Credit Union Administration Central Liquidity Facility.”. (2) Section 302 of the Government Corporation Control Act (31 U.S.C. 867) is amended— (A) by inserting “or” after “the Regional Banks for Cooperatives,”; and (B) by striking out “or the National Consumer Cooperative Bank,”. (3) The second sentence of section 303(d) of the Government Corporation Control Act (31 U.S.C. 868(d)) is amended by striking out “National Consumer Cooperative Bank,”. (4) Section 5315 of title 5, United States Code, is amended by striking out “Director, Office of Self-Help Development and Technical Assistance, National Consumer Cooperative Bank.”. (i) The amendments made by subsections (b) through (h) shall take Effective date. 12 USC 3011 note. effect on the day after the Final Government Equity Redemption Date.

14. 1981

    Housing and Community Development Amendments of 1981

    Pub. L. 97–35 § 309(b) · 95 Stat. 357

    Substituted · 42 U.S.C. § 5302(c)

    Pub. L. 97–35, § 309(b), substituted “activities assisted under this chapter” for “a Community Development Program in whole or in part”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35, § 309(b), substituted “activities assisted under this chapter” for “a Community Development Program in whole or in part”.

    Enacted provision · exact public law section
    (b) Section 102(c) of such Act is amended by striking out “a Community Development Program in whole or in part” and inserting in lieu thereof “activities assisted under this title”.

15. 1981

    Housing and Community Development Amendments of 1981

    Pub. L. 97–35 § 309(c) · 95 Stat. 357

    1. Substituted · 42 U.S.C. § 5302(d)

       Pub. L. 97–35, § 309(c), substituted provisions relating to nonreceipt of a grant, for provisions relating to disapproval or withdrawal of an application

    2. Struck · 42 U.S.C. § 5302(d)

       Pub. L. 97–35, § 309(c), struck out “(a)(1)” after “5303”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–35, § 309(c), substituted provisions relating to nonreceipt of a grant, for provisions relating to disapproval or withdrawal of an application, and struck out “(a)(1)” after “5303”.

    Enacted provision · exact public law section
    (c) The first sentence of section 102(d) of such Act is amended— (1) by striking out “103(a)(1)” and inserting in lieu thereof “103”; and (2) by striking out “unless the application by the urban county is disapproved or withdrawn prior to or during such three-year period” and inserting in lieu thereof “unless the urban county does not receive a grant for any year during such three-year period”.

16. 1982

    Pub. L. 97–289 § 5(1) · 96 Stat. 1230

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 97–289, § 5(1), (2), substituted “under this paragraph because the population of such city exceeded fifty thousand shall” for “under clause (B) of this paragraph shall continue to”

    2. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 97–289, § 5(1), (2), substituted “1983” for “1982”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–289, § 5(1), (2), substituted “under this paragraph because the population of such city exceeded fifty thousand shall” for “under clause (B) of this paragraph shall continue to”, and substituted “1983” for “1982”.

    Enacted provision · exact public law section
    (1) in paragraph (4), by striking out “under clause (B) of this paragraph shall continue to” and inserting in lieu thereof “under this paragraph because the population of such city exceeded fifty thousand shall”;

17. 1982

    Pub. L. 97–289 § 5(3)(A) · 96 Stat. 1230

    1. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 97–289, § 5(3)(A)–(C), substituted “before October 1, 1983,” for “for fiscal year 1982”

    2. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 97–289, § 5(3)(A)–(C), substituted “through September 30, 1983,” for “for fiscal year 1982”

    3. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 97–289, § 5(3)(A)–(C), substituted “through such date” for “that fiscal year”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 97–289, § 5(3)(A)–(C), substituted “before October 1, 1983,” for “for fiscal year 1982” after “population of which”, “through September 30, 1983,” for “for fiscal year 1982” after “requirements of such clause”, and “through such date” for “that fiscal year”.

    Enacted provision · exact public law section
    (A) by striking out “for fiscal year 1982” the first place it appears and inserting in lieu thereof “before October 1, 1983,”;

18. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(d) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 5302(a)(3)

    Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”.

    Enacted provision · exact public law section
    (d) Section 102 of such Act is amended by striking out “Department 42 USC 5302. of Commerce” each place it appears in paragraphs (3), (4), and (9) of subsection (a) and in subsection (b) and inserting in lieu thereof “Office of Management and Budget”.

19. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(d) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”.

    Enacted provision · exact public law section
    (d) Section 102 of such Act is amended by striking out “Department 42 USC 5302. of Commerce” each place it appears in paragraphs (3), (4), and (9) of subsection (a) and in subsection (b) and inserting in lieu thereof “Office of Management and Budget”.

20. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(a) · 97 Stat. 1153

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 98–181, § 102(a), substituted provision authorizing retention of classification as metropolitan cities through fiscal year 1985 of any cities classified as deemed to be such for purposes of assistance for fiscal year 1983 for provision that any city which had been classified as a metropolitan city under this paragraph because the population of such city exceeded fifty thousand would be so classified until the decennial census indicated that the population of such city was less than fifty thousand or until September 30, 1983, whichever was later

    2. Inserted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 98–181, § 102(a), inserted provision permitting any units of general local government which become eligible to be classified as metropolitan cities for fiscal years 1984 and 1985 while their population is included in an urban county for such fiscal year to defer such classification through fiscal year 1986 if such unit of general local government continues to have its population included in such urban county under subsec. (d) of this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 102(a), substituted provision authorizing retention of classification as metropolitan cities through fiscal year 1985 of any cities classified as deemed to be such for purposes of assistance for fiscal year 1983 for provision that any city which had been classified as a metropolitan city under this paragraph because the population of such city exceeded fifty thousand would be so classified until the decennial census indicated that the population of such city was less than fifty thousand or until September 30, 1983, whichever was later, and inserted provision permitting any units of general local government which become eligible to be classified as metropolitan cities for fiscal years 1984 and 1985 while their population is included in an urban county for such fiscal year to defer such classification through fiscal year 1986 if such unit of general local government continues to have its population included in such urban county under subsec. (d) of this section.

    Enacted provision · exact public law section
    (a) Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended— (1) by striking out the semicolon and all that follows through “later”; and (2) by adding at the end thereof the following new sentences: “In order to permit an orderly transition of each city losing its classification as a metropolitan city by reason of the population data of the 1980 decennial census or revisions in the designation of metropolitan areas or central cities, any city classified as or deemed by law to be a metropolitan city for purposes of assistance under any section of this title for fiscal year 1983 shall retain such qualification for purposes of receiving such assistance Notification. Classification deferral. for fiscal years 1984 and 1985. Any unit of general local government that becomes eligible to be classified as a metropolitan city for fiscal year 1984 or 1985 while its population is included in an urban county for such fiscal year may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this title for fiscal years 1984, 1985, and 1986 if such unit of general local government continues to have its population included in such urban county under subsection (d).”.

21. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(b) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 98–181, § 102(b), substituted provision permitting retention of classification as urban counties through fiscal year 1985 of any counties classified or deemed to be such for purposes of assistance under this chapter for fiscal year 1983, and allowing a county to qualify as an urban county upon meeting certain conditions despite failing to meet the requirements of cl. (B) of the first sentence for provision that any urban county qualifying as such in fiscal year 1981 which did not meet the population requirements of cl. (B) of the first sentence would be considered to meet such requirements through Sept. 30, 1983, and would not be subject to subsec. (d) of this section through such date

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 98–181, § 102(b), substituted provision permitting retention of classification as urban counties through fiscal year 1985 of any counties classified or deemed to be such for purposes of assistance under this chapter for fiscal year 1983, and allowing a county to qualify as an urban county upon meeting certain conditions despite failing to meet the requirements of cl. (B) of the first sentence for provision that any urban county qualifying as such in fiscal year 1981 which did not meet the population requirements of cl. (B) of the first sentence would be considered to meet such requirements through Sept. 30, 1983, and would not be subject to subsec. (d) of this section through such date.

    Enacted provision · exact public law section
    (b) Section 102(a)(6) of such Act is amended by striking out the last sentence and inserting in lieu thereof the following new sentences: “In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this title for fiscal year 1983 shall retain such qualification for purposes of receiving such assistance for fiscal years 1984 and 1985, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984. Notwithstanding the combined population amount set forth in clause (B) of the first sentence, a county shall also qualify as an urban county for purposes of assistance 42 USC 5306. under section 106 if such county (A) complies with all other requirements set forth in the first sentence; (B) has, according to the most recent available decennial census data, a combined population between 190,000 and 199,999, inclusive; (C) had a population growth rate of not less than 15 percent during the most recent 10-year period measured by applicable censuses; and (D) has submitted data satisfactory to the Secretary that it has a combined population of not less than 200,000.”.

22. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(d) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 5302(a)(9)

    Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce”.

    Enacted provision · exact public law section
    (d) Section 102 of such Act is amended by striking out “Department 42 USC 5302. of Commerce” each place it appears in paragraphs (3), (4), and (9) of subsection (a) and in subsection (b) and inserting in lieu thereof “Office of Management and Budget”.

23. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(c) · 97 Stat. 1153

    Added · 42 U.S.C. § 5302(a)(20); 42 U.S.C. § 5302(a)(21)

    Pub. L. 98–181, § 102(c), added pars. (20) and (21)

    Source evidence

    Code amendment note
    Subsec. (a)(20), (21). Pub. L. 98–181, § 102(c), added pars. (20) and (21).

    Enacted provision · exact public law section
    (c) Section 102(a) of such Act is amended by adding at the end thereof the following new paragraphs: “(20) The terms ‘persons of low and moderate income’ and ‘low- and moderate-income persons’ have the meaning given the term ‘lower income families’ in section 3(b)(2) of the United Post, p. 1179. States Housing Act of 1937. The term ‘persons of very low income’ has the meaning given the term ‘very low-income families’ in such section. For purposes of such terms, the area involved shall be determined in the same manner as such area is determined for purposes of assistance under section 8 of such Act. “(21) The term ‘buildings for the general conduct of government’ means city halls, county administrative buildings, State capital or office buildings or other facilities in which the legislative or general administrative affairs of the government are conducted. Such term does not include such facilities as neighborhood service centers or special purpose buildings located in low- and moderate-income areas that house various nonlegisla-tive functions or services provided by government at decentralized locations.”.

24. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(d) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 5302(b)

    Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–181, § 102(d), substituted “Office of Management and Budget” for “Department of Commerce” in two places.

    Enacted provision · exact public law section
    (d) Section 102 of such Act is amended by striking out “Department 42 USC 5302. of Commerce” each place it appears in paragraphs (3), (4), and (9) of subsection (a) and in subsection (b) and inserting in lieu thereof “Office of Management and Budget”.

25. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(e) · 97 Stat. 1153

    Struck · 42 U.S.C. § 5302(b)

    Pub. L. 98–181, § 102(e), struck out provisions that no data from the 1980 Decennial Census, except those relating to population and poverty, would be taken into account for purposes of sections 5306 and 5318 of this title and that no revision to the criteria for establishing a metropolitan area or defining a central city of such an area published after January 1, 1983, would be taken into account for purposes of this chapter, except that any area or city which would newly qualify as a metropolitan area or central city of such an area by reason of such revision would be so qualified

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–181, § 102(e), struck out provisions that no data from the 1980 Decennial Census, except those relating to population and poverty, would be taken into account for purposes of sections 5306 and 5318 of this title and that no revision to the criteria for establishing a metropolitan area or defining a central city of such an area published after January 1, 1983, would be taken into account for purposes of this chapter, except that any area or city which would newly qualify as a metropolitan area or central city of such an area by reason of such revision would be so qualified.

    Enacted provision · exact public law section
    (e) Section 102(b) of such Act is amended by striking out the last sentence.

26. 1983

    Domestic Housing and International Recovery and Financial Stability Act

    Pub. L. 98–181 § 102(f) · 97 Stat. 1153

    Inserted · 42 U.S.C. § 5302(d)

    Pub. L. 98–181, § 102(f), inserted exception where the unit of general local government loses the designation of metropolitan city

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–181, § 102(f), inserted exception where the unit of general local government loses the designation of metropolitan city.

    Enacted provision · exact public law section
    (f) The last sentence of section 102(d) of such Act is amended by inserting before the period at the end thereof the following: “, except where the unit of general local government loses the designation of metropolitan city”.

27. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 § 101(a)(1) · 98 Stat. 2218

    1. Struck · 42 U.S.C. § 5302(a)(4)

       Pub. L. 98–479, § 101(a)(1), in last sentence, struck out “while its population is included in an urban county for such fiscal year” after “fiscal year 1984 or 1985”

    2. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 98–479, § 101(a)(1), in last sentence, substituted “elects” for “continues” before “urban county”

    3. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 98–479, § 101(a)(1), in last sentence, substituted “an” for “such” before “urban county”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 98–479, § 101(a)(1), in last sentence, struck out “while its population is included in an urban county for such fiscal year” after “fiscal year 1984 or 1985”, and substituted “elects” for “continues” and “an” for “such” before “urban county”.

    Enacted provision · exact public law section
    (1) The last sentence of section 102(a)(4) of the Housing 97 Stat. 1159. 42 USC 5302. and Community Development Act of 1974 is amended— (A) by striking out “while its population is included in an urban county for such fiscal year”: (B) by striking out “continues” and inserting in lieu thereof “elects”; and (C) by striking out “such” the last place it appears and inserting in lieu thereof “an”.

28. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 § 101(a)(2) · 98 Stat. 2218

    Inserted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 98–479, § 101(a)(2), inserted “, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence” at end of second sentence, “, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county” at end of cl. (B) in last sentence, and “(excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county” at end of cl. (D) in last sentence

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 98–479, § 101(a)(2), inserted “, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence” at end of second sentence, “, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county” at end of cl. (B) in last sentence, and “(excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county” at end of cl. (D) in last sentence.

    Enacted provision · exact public law section
    (2) Section 102(a)(6) of the Housing and Community Development 97 Stat. 1160. Act of 1974 is amended— (A) in the penultimate sentence, by inserting before the period at the end thereof the following: “, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence”; (B) by inserting before the semicolon at the end of clause (B) of the last sentence the following: “, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county”; and (C) by inserting before the period at the end of clause (D) of the last sentence the following: “(excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county”.

29. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 § 203 · 98 Stat. 2218

    Substituted · 42 U.S.C. § 5302(a)(17)

    Pub. L. 98–479, § 203(l)(1), substituted “chapter 67 of title 31” for “the State and Local Fiscal Assistance Act of 1972 (Public Law 92–512)”

    Source evidence

    Code amendment note
    Subsec. (a)(17). Pub. L. 98–479, § 203(l)(1), substituted “chapter 67 of title 31” for “the State and Local Fiscal Assistance Act of 1972 (Public Law 92–512)”.

    Enacted provision · exact public law section
    Sec. 203. CONFORMING CROSS-REFERENCES TO TITLE 31, UNITED STATES CODE (a) (1) Section 304(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second 12 USC 1719. Liberty Bond Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”. (2) Section 306(d) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond 12 USC 1721. Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”. (3) Section 309(b) of the Federal National Mortgage Association Charter Act is amended by striking out “the Government Corporation 12 USC 1723a. Control Act” and inserting in lieu thereof “chapter 91 of title 31, United States Code”. (4) Section 315(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond 12 USC 1723g. Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”. (5) Section 316(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond 12 USC 1723h. Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”. (b) (1) Section 4(b) of the United States Housing Act of 1937 is 42 USC 1437b. amended— (A) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”. (2) Section 10(a) of the United States Housing Act of 1937 is 42 USC 1437h. amended by striking out “the Government Corporation Control Act, as amended” each place it appears and inserting in lieu thereof “chapter 91 of title 31, United States Code”. (c) Section 502(c)(2) of the Housing Act of 1948 is amended by 12 USC 1701c. striking out “section 3648 of the Revised Statutes” and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code”. (d) (1) Section 102(f) of the Housing Act of 1949 is amended— 42 USC 1452. (A) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”. (2) Section 106(a) of the Housing Act of 1949 is amended by 42 USC 1456. striking out “the Government Corporation Control Act, as amended” each place it appears and inserting in lieu thereof “chapter 91 of title 31, United States Code”. (3) Section 501(b)(6) of the Housing Act of 1949 is amended by 42 USC 1471. striking out “the State and Local Fiscal Assistance Act of 1972 (Public Law 92–512)” and inserting in lieu thereof “chapter 67 of title 31, United States Code”. (4) Section 511 of the Housing Act of 1949 is amended— 42 USC 1481. (A) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act” and inserting in lieu thereof “such chapter”. (5) Section 517(h) of the Housing Act of 1949 is amended— (A) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act” and inserting in lieu thereof “such chapter”. (6) Section 517(k) of the Housing Act of 1949 is amended by striking out “the Budget and Accounting Act, 1921” and inserting in lieu thereof “chapter 11 of title 31, United States Code”. (e) (1) Section 401(e) of the Housing Act of 1950 is amended— (A) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”. (2) Section 402(a)(1) of the Housing Act of 1950 is amended by striking out “the Government Corporation Control Act, as amended” and inserting in lieu thereof “chapter 91 of title 31, United States Code”. (3) Section 402(a)(2) of the Housing Act of 1950 is amended by striking out “the Accounting and Auditing Act of 1950” and inserting in lieu thereof “chapter 35 of title 31, United States Code”. (4) Section 402(e) of the Housing Act of 1950 is amended— (A) by striking out “section 309 of the Independent Offices Appropriation Act, 1950 (63 Stat. 662)” and inserting in lieu thereof “section 9107(a) of title 31, United States Code”; and (B) by striking out “the Government Corporation Control Act” and inserting in lieu thereof “chapter 91 of such title”. (f) Section 203(a) of the Housing Amendments of 1955 is amended— (1) by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (2) by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”. (g) Section 15(e) of the Federal Flood Insurance Act of 1956 is amended— (1) by striking out “the Second Liberty Bond Act, as amended,” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (2) by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”. (h) Section 202(a)(4)(B)(i) of the Housing Act of 1959 is amended— (1) by striking out “the Second Liberty Bond Act” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (2) by striking out “that Act” and inserting in lieu thereof “such chapter”. (i) (1) Section 1222(c) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out “section 3679(a) of the Revised Statutes of the United States (31 U.S.C. 665(a))” and inserting in lieu thereof “section 1341(a) of title 31, United States Code”. (2) Section 1243(d) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out “law (sections 102, 103, 12 USC 1749bbb–13. and 104 of the Government Corporation Control Act (31 U.S.C. 847–849))” and inserting in lieu thereof “sections 9103 and 9104 of title 31, United States Code”. (j) (1) Section 1310(e) of the National Flood Insurance Act of 1968 is 42 USC 4017. amended by striking out “law (sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847–849))” and inserting in lieu thereof “sections 9103 and 9104 of title 31, United States Code” (2) Section 1360(b) of the National Flood Insurance Act of 1968 is 42 USC 4101. amended by striking out “sections 3648 and 3709 of the Revised Statutes, as amended (31 U.S.C. 529 and 41 U.S.C. 5)” and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code, and section 3709 of the Revised Statutes (41 U.S.C. 5)”. (3) Section 1373 of the National Flood Insurance Act of 1968 is 42 USC 4124. amended by striking out “the Government Corporation Control Act” and inserting in lieu thereof “chapter 91 of title 31, United States Code,”. (k) Section 502(e) of the Housing and Urban Development Act of 1970 is amended by striking out “section 3648 of the Revised Statutes” 12 USC 1701z–2. and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code,”. (l) (1) Section 102(a)(17) of the Housing and Community Development Act of 1974 is amended by striking out “the State and Local 42 USC 5302. Fiscal Assistance Act of 1972 (Public Law 92–512)” and inserting in lieu thereof “chapter 67 of title 31, United States Code”. (2) Section 108(g) of the Housing and Community Development Act of 1974 is amended— 42 USC 5308. (A) by striking out “the Second Liberty Bond Act, as now or hereafter in force” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “such Act” and inserting in lieu thereof “such chapter”. (3) Section 119(n)(2) of the Housing and Community Development Act of 1974 is amended by striking out “the State and Local Fiscal 42 USC 5318. Assistance Act of 1972” and inserting in lieu thereof “chapter 67 of title 31, United States Code”. (4) Section 802(e)(2) of the Housing and Community Development Act of 1974 is amended— 42 USC 1440. (A) by striking out “the Second Liberty Bond Act” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and (B) by striking out “that Act” and inserting in lieu thereof “such chapter”. (m) Section 608(d) of the Neighborhood Reinvestment Corporation Act is amended by striking out “the Budget and Accounting Act, 42 USC 8107. 1921” and inserting in lieu thereof “chapter 11 of title 31, United States Code”.

30. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 § 101(a)(3) · 98 Stat. 2218

    1. Changed · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in amending par. (20) generally

    2. Amended · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in designated existing provisions as subpar. (A)

    3. Substituted · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in substituted “mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families” for “have the meaning given the term ‘lower income families’ in section 1437a(b)(2) of this title”

    4. Substituted · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in substituted “whose incomes do not exceed 50 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families” for “has the meaning given the term ‘very low-income families’ in such section”

    5. Inserted · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in inserted “The term ‘persons of moderate income’ means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families”

    6. Added · 42 U.S.C. § 5302(a)(20)

       Pub. L. 98–479, § 101(a)(3), in added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(20). Pub. L. 98–479, § 101(a)(3), in amending par. (20) generally, designated existing provisions as subpar. (A) and substituted “mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families” for “have the meaning given the term ‘lower income families’ in section 1437a(b)(2) of this title”, substituted “whose incomes do not exceed 50 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families” for “has the meaning given the term ‘very low-income families’ in such section”, inserted “The term ‘persons of moderate income’ means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families”, and added subpar. (B).

    Enacted provision · exact public law section
    (3) Section 102(a)(20) of the Housing and Community Development 97 Stat. 1160. Act of 1974 is amended to read as follows: “(20) (A) The terms ‘persons of low and moderate income’ and ‘low- and moderate-income persons’ mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term ‘persons of low income’ means families and individuals whose incomes do not exceed 50 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term ‘persons of moderate income’ means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. For purposes of such terms, the area involved shall be determined in the same manner as such area is determined for purposes of assistance under section 8 of the United States Housing Act of 1937. 42 USC 1437f “(B) The Secretary may establish percentages of median income for any area that are higher or lower than the percentages set forth in subparagraph (A), if the Secretary finds such variations to be necessary because of unusually high or low family incomes in such area.”.

31. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 § 101(a)(4) · 98 Stat. 2218

    1. Substituted · 42 U.S.C. § 5302(a)(21)

       Pub. L. 98–479, § 101(a)(4), substituted “capitol” for “capital”

    2. Added · 42 U.S.C. § 5302(a)(21)

       Pub. L. 98–479, § 101(a)(4), added a comma after “or office buildings”

    Source evidence

    Code amendment note
    Subsec. (a)(21). Pub. L. 98–479, § 101(a)(4), substituted “capitol” for “capital”, and added a comma after “or office buildings”.

    Enacted provision · exact public law section
    (4) Section 102(a)(21) of the Housing and Community Development Act of 1974 is amended by striking out “capital or office buildings” 97 Stat. 1160. 42 USC 5302. and inserting in lieu thereof the following: “capitol or office buildings,”.

32. 1985

    Pub. L. 99–120 § 5(a)(1) · 99 Stat. 502

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 99–120, § 5(a)(1), substituted “through November 14, 1985” for “for fiscal years 1984 and 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–120, § 5(a)(1), substituted “through November 14, 1985” for “for fiscal years 1984 and 1985”.

    Enacted provision · exact public law section
    (1) Metropolitan city.— Section 102(a)(4) of the Housing and 42 USC 5302. Community Development Act of 1974 is amended by striking out “for fiscal years 1984 and 1985” in the second sentence and inserting in lieu thereof “through November 14, 1985”.

33. 1985

    Pub. L. 99–120 § 5(a)(2) · 99 Stat. 502

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–120, § 5(a)(2), substituted “through November 14, 1985” for “for fiscal years 1984 and 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–120, § 5(a)(2), substituted “through November 14, 1985” for “for fiscal years 1984 and 1985”.

    Enacted provision · exact public law section
    (2) Urban county.— Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking out “for fiscal years 1984 and 1985” in the second sentence and inserting in lieu thereof “through November 14, 1985”.

34. 1985

    Pub. L. 99–156 § 5(a)(1) · 99 Stat. 815

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 99–156, § 5(a)(1), substituted “December 15, 1985” for “November 14, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–156, § 5(a)(1), substituted “December 15, 1985” for “November 14, 1985”.

    Enacted provision · exact public law section
    (1) Metropolitan city.— Section 102(a)(4) of the Housing and Ante, p. 504. 42 USC 5302. Community Development Act of 1974 is amended by striking out “November 14, 1985” in the second sentence and inserting in lieu thereof “December 15, 1985”.

35. 1985

    Pub. L. 99–156 § 5(a)(2) · 99 Stat. 815

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–156, § 5(a)(2), substituted “December 15, 1985” for “November 14, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–156, § 5(a)(2), substituted “December 15, 1985” for “November 14, 1985”.

    Enacted provision · exact public law section
    (2) Urban county.— Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking Ante, p. 504. 42 USC 5302. out “November 14, 1985” in the second sentence and inserting in lieu thereof “December 15, 1985”.

36. 1985

    Pub. L. 99–219 § 5(a)(1) · 99 Stat. 1730

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 99–219, § 5(a)(1), substituted “March 17, 1986” for “December 15, 1985”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 99–219, § 5(a)(1), substituted “March 17, 1986” for “December 15, 1985”.

    Enacted provision · exact public law section
    (1) Metropolitan city.— Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking Ante, p. 816. 42 USC 5302. out “December 15, 1985” in the second sentence and inserting in lieu thereof “March 17, 1986”.

37. 1985

    Pub. L. 99–219 § 5(a)(2) · 99 Stat. 1730

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–219, § 5(a)(2), substituted “March 17, 1986” for “December 15, 1985”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 99–219, § 5(a)(2), substituted “March 17, 1986” for “December 15, 1985”.

    Enacted provision · exact public law section
    (2) Urban county.— Section 102(a)(6) of the Housing and Ante, p. 817. 42 USC 5302. Community Development Act of 1974 is amended by striking out “December 15, 1985” in the second sentence and inserting in lieu thereof “March 17, 1986”.

38. 1986

    Pub. L. 99–267 § 5(a) · 100 Stat. 73

    Substituted · 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”.

    Enacted provision · exact public law section
    (a) Community Development Block Grant Classifications.— (1) Metropolitan city.— Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking 99 Stat. 1731. 42 USC 5302. out “March 17, 1986” in the second sentence and inserting in lieu thereof “April 30, 1986”. (2) Urban county.— Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking 99 Stat. 1732. 42 USC 5302. out “March 17, 1986” in the second sentence and inserting in lieu thereof “April 30, 1986”.

39. 1986

    Housing and Community Development Reconciliation Amendments of 1985

    Pub. L. 99–272 § 3011(a) · 100 Stat. 82

    Substituted · 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–272, § 3011(a), directed amendment of pars. (4) and (6) identical to Pub. L. 99–216 substituting “March 17, 1986” for “December 15, 1985”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–272, § 3011(a), directed amendment of pars. (4) and (6) identical to Pub. L. 99–216 substituting “March 17, 1986” for “December 15, 1985”.

    Enacted provision · exact public law section
    (a) Community Development Block Grant Classifications.— (1) Metropolitan city.— Section 102(a)(4) of the Housing and 42 USC 5302. Community Development Act of 1974 is amended by striking out “December 15, 1985” in the second sentence and inserting in lieu thereof “March 17, 1986”. (2) Urban county.— Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking out “December 15, 1985” in the second sentence and inserting in lieu thereof “March 17, 1986”.

40. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 14001(b)(3) · 100 Stat. 82

    Repealed · 42 U.S.C. § 5302(a)(17)

    Pub. L. 99–272, § 14001(b)(3), substituted “or was considered an eligible recipient under chapter 67 of title 31 prior to the repeal of such chapter” for “or under chapter 67 of title 31”

    Source evidence

    Code amendment note
    Subsec. (a)(17). Pub. L. 99–272, § 14001(b)(3), substituted “or was considered an eligible recipient under chapter 67 of title 31 prior to the repeal of such chapter” for “or under chapter 67 of title 31”.

    Enacted provision · exact public law section
    (3) Section 501(b)(6) of the Housing Act of 1949 (42 U.S.C. 1471(b)(6)) and section 102(a)(17) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(17)) are each amended by striking out “or under chapter 67 of title 31, United States Code” and inserting in lieu thereof “or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal 31 USC 6701 et seq. of such chapter”.

41. 1986

    Pub. L. 99–289 § 1(b) · 100 Stat. 412

    Substituted · 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”.

    Enacted provision · exact public law section
    (b) Each provision of law amended by Public Law 99–267 is amended by striking out “April 30, 1986” wherever it appears and inserting in lieu thereof “June 6, 1986”,

42. 1986

    Pub. L. 99–345 § 1 · 100 Stat. 673

    Substituted · 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”.

    Enacted provision · exact public law section
    Section 1. Each provision of law amended by Public Law 99–289, Ante, p. 412. is amended by striking out “June 6, 1986” wherever it appears and inserting in lieu thereof “September 30, 1986”.

43. 1986

    Pub. L. 99–430 · 100 Stat. 986

    Substituted · 42 U.S.C. § 5302(a)(4); 42 U.S.C. § 5302(a)(6)

    Pub. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”

    Source evidence

    Code amendment note
    Subsec. (a)(4), (6). Pub. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”.

44. 1987

    Pub. L. 100–77 title IV § 442 · 101 Stat. 482

    Inserted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 100–77 inserted “or 1984”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–77 inserted “or 1984”.

    Enacted provision · exact public law section
    SEC. 442. COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT. Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended in the second sentence by inserting “or 1984” 42 USC 5302. after “fiscal year 1983”.

45. 1987

    Pub. L. 100–122 § 1 · 101 Stat. 793

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”

    2. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”.

    Enacted provision · exact public law section
    SECTION 1. CONTINUATION OF PRIOR EXTENSIONS. Each provision of law amended by Public Law 99–430 is amended by striking out “September 30, 1987” wherever it appears and inserting in lieu thereof “October 31, 1987”.

46. 1987

    Pub. L. 100–154 · 101 Stat. 890

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”

    2. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”.

47. 1987

    Pub. L. 100–170 · 101 Stat. 914

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”

    2. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”.

48. 1987

    Pub. L. 100–179 · 101 Stat. 1018

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”

    2. Substituted · 42 U.S.C. § 5302(a)(6)

       Pub. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”.

49. 1987

    Pub. L. 100–200 · 101 Stat. 1327

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

50. 1987

    Pub. L. 100–200 · 101 Stat. 1327

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

51. 1987

    Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(f)(tI)(s101) · 101 Stat. 1329

    1. Inserted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–202 inserted third sentence

    2. Struck · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–202 struck out former third sentence which read as follows: “Any unit of general local government that becomes eligible to be classified as a metropolitan city for fiscal year 1984 or 1985 may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this chapter for fiscal years 1984, 1985, and 1986 if such unit of general local government elects to have its population included in an urban county under subsection (d) of this section.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–202 inserted third sentence and struck out former third sentence which read as follows: “Any unit of general local government that becomes eligible to be classified as a metropolitan city for fiscal year 1984 or 1985 may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this chapter for fiscal years 1984, 1985, and 1986 if such unit of general local government elects to have its population included in an urban county under subsection (d) of this section.”

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

52. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 503(a)(1) · 101 Stat. 1815

    Substituted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 100–242, § 503(a)(1), substituted “September 30, 1989” for “March 15, 1988”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 503(a)(1), substituted “September 30, 1989” for “March 15, 1988”.

    Enacted provision · exact public law section
    (1) in the second sentence, by striking “March 15, 1988” and inserting “September 30, 1989”;

53. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 503(a)(2) · 101 Stat. 1815

    Changed · 42 U.S.C. § 5302(a)(4)

    Pub. L. 100–242, § 503(a)(2), made amendment identical to amendment by Pub. L. 100–202. See 1987 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 503(a)(2), made amendment identical to amendment by Pub. L. 100–202. See 1987 Amendment note below.

    Enacted provision · exact public law section
    (2) by striking out the third sentence and inserting in lieu thereof the following: “Any unit of general local government that becomes eligible to be classified as a metropolitan city, and was not classified as a metropolitan city in the immediately preceding fiscal year, may, upon submission of written notification to the Secretary, defer its classification as a metropolitan city for all purposes under this title, if it elects to have its population included in an urban county under subsection (d). Notwithstanding the second sentence of this paragraph, a city may elect not to retain its classification as a metropolitan city for fiscal year 1988 or 1989.”; and

54. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 503(a)(3) · 101 Stat. 1815

    Inserted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 100–242, § 503(a)(3), inserted at end “Any city classified as a metropolitan city pursuant to the first or second sentence of this paragraph, and that no longer qualifies as a metropolitan city under such first or second sentence in a fiscal year beginning after fiscal year 1989, shall retain its classification as a metropolitan city for such fiscal year and the succeeding fiscal year, except that in such succeeding fiscal year (A) the amount of the grant to such city shall be 50 percent of the amount calculated under section 5306(b) of this title; and (B) the remaining 50 percent shall be added to the amount allocated under section 5306(d) of this title to the State in which the city is located and the city shall be eligible in such succeeding fiscal year to receive a distribution from the State allocation under section 5306(d) of this title as increased by this sentence.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 503(a)(3), inserted at end “Any city classified as a metropolitan city pursuant to the first or second sentence of this paragraph, and that no longer qualifies as a metropolitan city under such first or second sentence in a fiscal year beginning after fiscal year 1989, shall retain its classification as a metropolitan city for such fiscal year and the succeeding fiscal year, except that in such succeeding fiscal year (A) the amount of the grant to such city shall be 50 percent of the amount calculated under section 5306(b) of this title; and (B) the remaining 50 percent shall be added to the amount allocated under section 5306(d) of this title to the State in which the city is located and the city shall be eligible in such succeeding fiscal year to receive a distribution from the State allocation under section 5306(d) of this title as increased by this sentence.”

    Enacted provision · exact public law section
    (3) by adding at the end thereof the following new sentence: “Any city classified as a metropolitan city pursuant to the first or second sentence of this paragraph, and that no longer quali-fies as a metropolitan city under such first or second sentence in a fiscal year beginning after fiscal year 1989, shall retain its classification as a metropolitan city for such fiscal year and the succeeding fiscal year, except that in such succeeding fiscal year (A) the amount of the grant to such city shall be 50 percent of the amount calculated under section 106(b); and (B) the remaining 50 percent shall be added to the amount allocated under section 106(d) to the State in which the city is located and the city shall be eligible in such succeeding fiscal year to receive a distribution from the State allocation under section 106(d) as increased by this sentence.”.

55. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 503(b) · 101 Stat. 1815

    Amended · 42 U.S.C. § 5302(a)(6)

    Pub. L. 100–242, § 503(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘urban county’ means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and either (B) has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities or (C) has a population in excess of one hundred thousand, a population density of at least five thousand persons per square mile, and contains within its boundaries no incorporated places as defined by the United States Bureau of Census. In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this chapter for fiscal year 1983 or 1984 shall retain such qualification for purposes of receiving such assistance through March 15, 1988, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence. Notwithstanding the combined population amount set forth in clause (B) of the first sentence, a county shall also qualify as an urban county for purposes of assistance under section 5306 of this title if such county (A) complies with all other requirements set forth in the first sentence; (B) has, according to the most recent available decennial census data, a combined population between 190,000 and 199,999, inclusive, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county; (C) had a population growth rate of not less than 15 percent during the most recent 10-year period measured by applicable censuses; and (D) has submitted data satisfactory to the Secretary that it has a combined population of not less than 200,000 (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 503(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The term ‘urban county’ means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and either (B) has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities or (C) has a population in excess of one hundred thousand, a population density of at least five thousand persons per square mile, and contains within its boundaries no incorporated places as defined by the United States Bureau of Census. In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this chapter for fiscal year 1983 or 1984 shall retain such qualification for purposes of receiving such assistance through March 15, 1988, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence. Notwithstanding the combined population amount set forth in clause (B) of the first sentence, a county shall also qualify as an urban county for purposes of assistance under section 5306 of this title if such county (A) complies with all other requirements set forth in the first sentence; (B) has, according to the most recent available decennial census data, a combined population between 190,000 and 199,999, inclusive, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county; (C) had a population growth rate of not less than 15 percent during the most recent 10-year period measured by applicable censuses; and (D) has submitted data satisfactory to the Secretary that it has a combined population of not less than 200,000 (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county.”

    Enacted provision · exact public law section
    (b) Urban County.— Section 102(a)(6) of the Housing and Community 42 USC 5302. Development Act of 1974 is amended to read as follows: “(6) (A) The term ‘urban county’ means any county within a metropolitan area which— “(i) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and “(ii) either— “(I) has a population of 200,000 or more (excluding the population of metropolitan cities therein) and has a combined population of 100,000 or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (and in the case of counties having a combined population of less than 200,000, the areas and units of general local government must include the areas and units of general local government which in the aggregate have the preponderance of the persons of low and moderate income who reside in the county) (a) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded, or (b) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities, or “(II) has a population in excess of 100,000, a population density of at least 5,000 persons per square mile, and contains within its boundaries no incorporated places as defined by the United States Bureau of the Census. “(B) In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this title for fiscal year 1983 or subsequent years shall retain such qualification for purposes of receiving such assistance through September 30, 1989, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984, except that the provisions of this subparagraph shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (ii)(I)(a) of subparagraph (A) or to not renew a cooperation agreement under clause (ii)(I)(b) of such subparagraph. “(C) Notwithstanding the combined population amount set forth in clause (ii) of subparagraph (A), a county shall also qualify as an urban county for purposes of assistance under section 106 if such county— “(i) complies with all other requirements set forth in the first sentence; “(ii) has, according to the most recent available decennial census data, a combined population between 190,000 and 199,999, inclusive (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county; “(iii) had a population growth rate of not less than 15 percent during the most recent 10-year period measured by applicable censuses; and “(iv) has submitted data satisfactory to the Secretary that it has a combined population of not less than 200,000 (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county. “(D) Such term also includes a county that— “(i) has a combined population in excess of 175,000, has more Water. than 50 percent of the housing units of the area unsewered, and has an aquifer that was designated before March 1, 1987, a sole source aquifer by the Environmental Protection Agency; “(ii) has taken steps, which include at least one public referendum, to consolidate substantial public services with an adjoining metropolitan city, and in the opinion of the Secretary, has consolidated these services with the city in an effort that is expected to result in the unification of the two governments within 6 years of the date of enactment of the Housing and Community Development Act of 1987; or “(iii) had a population between 180,000 and 200,000 on October 1, 1987, was eligible for assistance under section 119 of the Housing and Community Development Act of 1974 in fiscal year 1986, and does not contain any metropolitan cities. “(E) Any county classified as an urban county pursuant to subparagraph (A), (B), or (C) of this paragraph, and that no longer qualifies as an urban county under such subparagraph in a fiscal year beginning after fiscal year 1989, shall retain its classification as an urban county for such fiscal year and the succeeding fiscal year, except that in such succeeding fiscal year (i) the amount of the grant to such an urban county shall be 50 percent of the amount calculated under section 106(b); and (ii) the remaining 50 percent shall be added to the amount allocated under section 106(d) to the State in which the urban county is located and the urban county shall be eligible in such succeeding fiscal year to receive a distribution from the State allocation under section 106(d) as increased by this sentence.”.

56. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 § 503(c) · 101 Stat. 1815

    Struck · 42 U.S.C. § 5302(d)

    Pub. L. 100–242, § 503(c), struck out at end “During any such three-year period, the population of any unit of general local government which is not included in that of the urban county for the first year shall not be eligible for such inclusion in the second or third year, except where the unit of general local government loses the designation of metropolitan city.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–242, § 503(c), struck out at end “During any such three-year period, the population of any unit of general local government which is not included in that of the urban county for the first year shall not be eligible for such inclusion in the second or third year, except where the unit of general local government loses the designation of metropolitan city.”

    Enacted provision · exact public law section
    (c) Inclusion of Units of General Local Government in Urban Counties.— Section 102(d) of the Housing and Community Development Act of 1974 is amended by striking the last sentence. 42 USC 5302.

57. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 § 1081(a)(1) · 102 Stat. 3224

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–628, § 1081(a)(1), substituted “a decrease in population” for “the population data of the 1980 decennial census”

    2. Inserted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 100–628, § 1081(a)(1), inserted “or any subsequent fiscal year” after “1983” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–628, § 1081(a)(1), substituted “a decrease in population” for “the population data of the 1980 decennial census” and inserted “or any subsequent fiscal year” after “1983” in second sentence.

    Enacted provision · exact public law section
    (1) Retention of classification.— Section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) is amended in the second sentence— (A) by striking “the population data of the 1980 decennial census” and inserting “a decrease in population”; and (B) by inserting “or any subsequent fiscal year” after “1983”.

58. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 § 1081(a)(2) · 102 Stat. 3224

    Amended · 42 U.S.C. § 5302(a)(4)

    Pub. L. 100–628, § 1081(a)(2), directed that subsec. (a)(4) of this section as similarly amended first by Pub. L. 100–202 [see 1987 Amendment note below] and later by section 503(a)(2) of Pub. L. 100–242 [see below] is amended to read as if the amendment by Pub. L. 100–242 had not been enacted

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–628, § 1081(a)(2), directed that subsec. (a)(4) of this section as similarly amended first by Pub. L. 100–202 [see 1987 Amendment note below] and later by section 503(a)(2) of Pub. L. 100–242 [see below] is amended to read as if the amendment by Pub. L. 100–242 had not been enacted.

    Enacted provision · exact public law section
    (2) Deferral of classification.— Section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)), as similarly amended first by the Department of Housing and Urban Development-Independent Agencies Act, 1988 (101 Stat. 1329–193) and later by section 503(a)(2) of the Housing and Community Development Act of 1987 (101 Stat. 1923), is amended to read as if the later amendment had not been enacted.

59. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 § 1081(b) · 102 Stat. 3224

    Substituted · 42 U.S.C. § 5302(a)(6)

    Pub. L. 100–628, § 1081(b), substituted a semicolon for last comma in cls. (i) and (ii)(I) of subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 100–628, § 1081(b), substituted a semicolon for last comma in cls. (i) and (ii)(I) of subpar. (A).

    Enacted provision · exact public law section
    (b) Urban County.— Section 102(a)(6)(A) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)(A)) is amended by striking the last comma in clauses (i) and (ii)(I) and inserting a semicolon.

60. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 § 1082(a)(1) · 102 Stat. 3224

    Substituted · 42 U.S.C. § 5302(d)

    Pub. L. 100–628, § 1082(a)(1), substituted “subparagraph (A)(ii) or (D) of subsection (a)(6)” for “subsection (a)(6)(B)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–628, § 1082(a)(1), substituted “subparagraph (A)(ii) or (D) of subsection (a)(6)” for “subsection (a)(6)(B)”.

    Enacted provision · exact public law section
    (1) Inclusion of population in urban county.— Section 102(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(d)) is amended by striking “subsection (a)(6)(B)” and inserting “subparagraph (A)(ii) or (D) of subsection (a)(6)”.

61. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 § 1082(a)(2) · 102 Stat. 3224

    Substituted · 42 U.S.C. § 5302(e)

    Pub. L. 100–628, § 1082(a)(2), substituted “subsection (a)(6)(A)(ii)(I)(a)” for “subsection (a)(6)(B)(i)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–628, § 1082(a)(2), substituted “subsection (a)(6)(A)(ii)(I)(a)” for “subsection (a)(6)(B)(i)”.

    Enacted provision · exact public law section
    (2) Exclusion of population from urban county.— The first sentence of section 102(e) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(e)) is amended by striking “subsection (a)(6)(B)(i)” and inserting “subsection (a)(6)(A)(ii)(I)(a)”.

62. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 title VII § 702(a) · 103 Stat. 1987

    Inserted · 42 U.S.C. § 5302(a)(7)

    Pub. L. 101–235 inserted before period at end “and does not include Indian tribes”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 101–235 inserted before period at end “and does not include Indian tribes”.

    Enacted provision · exact public law section
    (a) Elimination From Definition of Nonentitlement Areas.— Section 102(a)(7) of the Housing and Community Development Act of 42 USC 5302. 1974 is amended by striking the period at the end and inserting the following: “and does not include Indian tribes.”.

63. 1990

    Pub. L. 101–507 title II · 104 Stat. 1351

    1. Amended · 42 U.S.C. § 5302(a)(12)

       Pub. L. 101–507 and Pub. L. 101–625, § 904(a), amended par. (12) identically

    2. Inserted · 42 U.S.C. § 5302(a)(12)

       Pub. L. 101–507 and Pub. L. 101–625, § 904(a), inserting at end “Where the boundaries for a metropolitan city or urban county used for the 1980 census have changed as a result of annexation, the current population used to compute extent of growth lag shall be adjusted by multiplying the current population by the ratio of the population based on the 1980 census within the boundaries used for the 1980 census to the population based on the 1980 census within the current boundaries.”

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 101–507 and Pub. L. 101–625, § 904(a), amended par. (12) identically, inserting at end “Where the boundaries for a metropolitan city or urban county used for the 1980 census have changed as a result of annexation, the current population used to compute extent of growth lag shall be adjusted by multiplying the current population by the ratio of the population based on the 1980 census within the boundaries used for the 1980 census to the population based on the 1980 census within the current boundaries.”

    Enacted provision · exact public law
    TITLE II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs annual contributions for assisted housing (including rescission and transfer 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, $9,525,000,000, to remain available until expended: Provided, That of the new budget authority provided herein, $233,361,000 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); $733,760,000 shall be for the development or acquisition cost of public housing, including major reconstruction of obsolete public housing projects, other than for Indian families; $2,500,000,000 shall be for modernization of existing public housing projects pursuant to section 14 of the Act (42 U.S.C. 14371), including funds for the comprehensive testing, abatement, and risk assessment of lead, of which $5,000,000 shall be for technical assistance and training under section 20 of the Act (42 U.S.C. 1437r); $1,073,202,000 shall be for the section 8 existing housing certificate program (42 U.S.C. 14370, including project-based section 8 assistance to help implement plans of action approved under title II of the Housing and Community Development Act of 1987, of which $65,150,000 shall be for eligible tenants affected by the demolition or disposition of public housing units (including units occupied by Indian families) and $48,863,000 shall be for certificates to be used as replacement for units of public housing (including those for Indian families) lost through demolition or disposition; $811,898,000 shall be available for the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437(o)); $1,810,442,000 for amendments to section 8 contracts other than contracts for projects developed under section 202 of the Housing Act of 1959, as amended; up to $283,125,000 shall be available for section 8 assistance for property disposition; $440,600,000 shall be for loan management, of which $200,000,000, may be used for housing preservation assistance, incentives, and grants upon enactment into law of authorizing legislation; and 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 not be obligated for a contract term that is less than five years: Provided further, That of that portion of such budget authority under section 8(o) to be used to achieve a net increase in the number of dwelling units for assisted families, highest priority shall be given to assisting families, who as a result of rental rehabilitation action are involuntarily displaced or who are or would be displaced in consequence of increased rents (wherever the level of such rents exceeds 35 per centum of the adjusted income of such families, as defined in regulations promulgated by the Department of Housing and Urban Development): 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 section 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 of the $9,525,000,000 provided herein, $35,000,000 shall be for assistance under the Nehemiah housing opportunity program pursuant to section 612 of the Housing and Community Development Act of 1987 (Public Law 100–242), but such amount shall be obligated under title VI of the Housing and Community Development Act of 1987, notwithstanding the sunset provision in section 613 thereof, and, notwithstanding the language preceding the first proviso of this paragraph, $54,250,000 shall be used for special purpose grants in accordance with the terms and conditions specified for such grants in the committee of conference report and statement of managers (H. Rept. 101–900) accompanying this Act: Provided further, That, notwithstanding any other provision of law, of the funds available under the “Community development grants” appropriation in Public Law 101–144, as amended, for grants under section 106 of the Housing and Community Development Act of 1974, $14,000,000 may be made available under section 107 of such Act: Provided further, That amounts equal to all amounts of budget authority (and contract authority) reserved or obligated 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 hereinafter provided for programs under section 8 of the Act (42 U.S.C. 14370, which are recaptured during fiscal year 1991, shall be rescinded: 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 not be rescinded, or in the case of cash, shall not be remitted to the Treasury, and such amounts of budget authority or cash shall be used by State housing finance agencies in accordance with such section: Provided further, That notwithstanding the 20 per centum limitation under section 5(j)(2) of the Act, any part of the new budget authority for the development or acquisition costs of public housing other than for Indian families may, in the discretion of the Secretary, based on applications submitted by public housing authorities, be used for new construction or major reconstruction of obsolete public housing projects other than for Indian families: Provided further, That the paragraph under the Administrative Provisions head in title II of Public Law 101–144 (approved November 9, 1989) (103 Stat. 839, 852–854), setting aside amounts for indemnification with respect to all or parts of claims arising from lead-based paint testing or abatement, is hereby amended by striking out “1992” and inserting “1998”. Of the $9,525,000,000 provided under this head, $610,115,000 shall be used for capital advances for supportive housing for the elderly under section 202 of the Housing Act of 1959 (as amended by section 801 of S. 566 (101st Cong., 2d Sess.), the National Affordable Housing Act (the “bill” in this paragraph)), which provision, and other provisions of the bill cited in this paragraph and the three paragraphs that follow are deemed as enacted as of the enactment date of this Appropriations Act, of which $60,000,000 shall be for amendments for contracts for projects previously reserved under section 202 (as it existed before the date on which the bill was deemed enacted), including under section 801(d) of the bill, to remain available until expended: Provided, That to the extent such funds include an amount for a project that does not convert under section 801(c)(1)of the bill to assistance under section 202 (as amended by section 801 of the bill), such amounts shall be transferred to the section 202 Direct Loan Account for obligation for such project; and such account shall be maintained as authorized under section 202(a)(4) of the Housing Act of 1959, as it existed before the date on which the bill was deemed enacted: Provided further, That to the extent that any funds remain after allocations under section 202(e), (as amended by section 801 of the bill), the Secretary shall make grants for retrofitting housing for the elderly in accordance with section 802 of the bill: Provided further, That the Secretary may transfer for use under this paragraph any funds reserved under section 202 (as it existed before the date on which the bill was deemed enacted) for which no loan has been executed and recorded, to which the Secretary applies section 202 (as amended by section 801 of the bill), as provided by section 801(c) of the bill, and any funds so transferred shall be added to and merged with the amounts otherwise available under this paragraph: Provided further, That at the election of a sponsor of a project under section 202 (as it existed before the date on which the bill was deemed enacted), the Secretary shall provide funding for amendments either under section 202 (as it existed before or after the date on which the bill was deemed enacted) or under section 801(c)(1), and any amount for amendments to be provided under section 202 (as it existed before the date on which the bill was deemed enacted) shall be transferred to the section 202 Direct Loan Account for obligation for such project: Provided further, That of the amounts available under this paragraph, up to $5,000,000 shall be available for contracts for technical assistance in accordance with section 202(k)(1) (as amended by section 801 of the bill). Of the amounts made available under this head, $449,619,000 shall be used for project rental assistance for supportive housing for the elderly under section 202 of the Housing Act of 1959, as amended by section 801 of S. 566 (101st Cong., 2d Sess.), the National Affordable Housing Act (the “bill” in this paragraph), of which $186,000,000 shall be for amendments for contracts for projects for the elderly previously reserved under section 202 (as it existed before the date on which the bill was deemed enacted), to remain available until expended: Provided, That to the extent such funds include an amount for a project that does not convert to assistance under section 202 (as amended by section 801 of the bill), such amount shall be for obligation for such project as authorized under section 8 of the United States Housing Act of 1937 (as it existed before the date on which the bill was deemed enacted): Provided further, That the Secretary may transfer for use under this paragraph any funds previously reserved under section 8 of the United States Housing Act of 1937 for assistance for projects for the elderly under section 202 (as it existed before the date on which the bill was deemed enacted), for which no loan has been executed and recorded, to which the Secretary applies section 202 (as amended by section 801 of the bill) as provided by 801(c) of the bill, and any funds so transferred shall be added to and merged with the amounts otherwise available under this paragraph: Provided further, That following the election under section 801(c)(2) of a sponsor of a project under section 202 (as it existed before the date on which the bill was deemed enacted) as to whether the Secretary shall provide funding either under section 202, as it existed before or after the date on which the bill was deemed enacted, any theretofore reserved section 8 amounts that remain available shall be transferred and merged with any other amounts available under this paragraph, and made available for other supportive housing for the elderly under section 202 (as amended by the bill). Of the $9,525,000,000 provided under this head, $121,709,000 shall be used for capital advances under section 811 of S. 566 (101st Cong., 2d Sees.), the National Affordable Housing Act (the “bill” in this paragraph) for supportive housing for persons with disabilities (including 500 units for persons disabled as a result of infection with the human acquired immunodeficiency virus), of which $15,000,000 shall be for amendments for contracts for projects for the handicapped previously reserved under section 202(h) of the Housing Act of 1959 (as it existed before the date on which the bill was deemed enacted), to remain available until expended: Provided, That to the extent such funds include an amount for a project that does not convert under section 811(m)(1) of the bill to assistance under section 811 of the bill, such amount shall be transferred to the section 202 Direct Loan Account for obligation for such project; and such amount shall be maintained as authorized under section 202(a)(4) of the Housing Act of 1959 (as it existed before the date on which the bill was deemed enacted): Provided further, That the Secretary may transfer for use under this paragraph any funds reserved under section 202 or 202(h) (as it existed before the date on which the bill was deemed enacted) for which no loan has been executed and recorded, to which the Secretary applies section 811 of the bill, as provided in section 811(m) of the bill, and any funds so transferred shall be added to and merged with the amounts otherwise made available under this paragraph: Provided further, That at the election of a sponsor of a project for housing for the handicapped under section 202 or 202(h) (as it existed before the date on which the bill was deemed enacted), the Secretary shall provide funding for amendments either under section 202 (as it existed before or after the date on which the bill was deemed enacted) or under section 811, and any amount for amendments to be provided under section 202 (as it existed before the date on which the bill was deemed enacted) shall be transferred to the section 202 Direct Loan Account for obligation for such project: Provided further, That of the amounts available under this head, up to $5,000,000 shall be available for contracts for technical assistance in accordance with section 811(j)(1) of the bill. Of the amounts provided under this head, $156,000,000 shall be used for project rental assistance for supportive housing under section 811 of S. 566 (101st Cong., 2d Sess.), the National Affordable Housing Act (the “bill” in this paragraph) for persons with disabilities (including 500 units of housing for persons disabled as a result of infection with the human acquired immunodeficiency virus), of which $52,000,000 shall be for amendments for contracts for projects previously reserved under section 202(h) of the Housing Act of 1959 (as it existed before the date on which the bill was deemed enacted), to remain available until expended: Provided, That to the extent such funds include an amount for a project for housing for the handicapped that does not convert to assistance under section 811 of the bill, such amount shall be for obligation for such project as authorized under section 8 of the United States Housing Act of 1937 and section 202(h) of the Housing Act of 1959 (as such sections existed before the date on which the bill was deemed enacted): Provided further, That the Secretary may transfer for use under this paragraph any funds previously reserved under section 8 of the United States Housing Act of 1937 and section 202(h) of the Housing Act of 1959 for which no loan has been executed and recorded, to which the Secretary applies section 811 of the bill, as provided by section 811(m) of the bill, and any funds so transferred shall be added to and merged with amounts otherwise available under this paragraph: Provided further, That following the election under section 811(m)(2) of a sponsor of a project for the handicapped under section 202 (as it existed before the date on which the bill was deemed enacted) as to whether the Secretary shall provide funding either under section 202, as it existed before or after the date on which the bill was deemed enacted, any theretofore reserved amounts under section 8 and section 202(h), (as such sections existed before the date on which the bill was deemed enacted) that remain shall be transferred and merged with any other amounts available for use under this paragraph, and made available for other housing under section 202, as amended by the bill. assistance for the renewal of expiring section 8 subsidy contracts (including transfer of funds) 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, $7,734,985,400, to remain available until expended, of which $3,654,519,750 shall be for existing certificates, $3,102,872,600 shall be for housing vouchers and $977,593,050 shall be for loan management under section 8: Provided, That funds provided under this paragraph may not be obligated for a contract term that is less than five years: Provided further, That to the extent the amount in this paragraph is insufficient, the Secretary may, from the Annual Contributions for Assisted Housing paragraph, transfer to, add to, and merge with the amounts appropriated under this paragraph up to $150,000,000 to fund such insufficiency, and the $1,810,442,000 earmarked for amendments to section 8 contracts other than contracts for projects developed under section 202 of the Housing Act of 1959, in the Annual Contributions for Assisted Housing paragraph, shall be reduced by an amount equal to the amount transferred: 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. rental rehabilitation grants For the rental rehabilitation grants program, pursuant to section 17(a)(1)(A) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437o), $70,000,000, to remain available until September 30, 1993. 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–1) is reduced in fiscal year 1991 by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations Acts. housing for the elderly or handicapped fund In fiscal year 1991, direct loan obligations may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 1701q), using any resources transferred to the fund pursuant to the first proviso of the second paragraph and the first proviso of the fourth paragraph under the head “Annual Contributions for Assisted Housing” in title II of this Act: Provided, That, notwithstanding section 202(a)(3) of the Housing Act of 1959, any such obligations shall bear an interest rate which does not exceed 9.25 per centum, including the allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program. congregate services For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs in accordance with the provisions of the Congregate Housing Services Act of 1978, $9,500,000, to remain available until September 30, 1992. 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), $2,100,000,000: Provided, That of the funds made available under this heading, $150,000,000 shall not become available for obligation until September 20,1991, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided further, That the Secretary of Housing and Urban Development shall report to the Committees on Appropriations by February 1, 1991, as to whether or not funds provided under this heading are sufficient to satisfy 100 percent of the performance funding system for fiscal year 1991, unadjusted by unrealized or estimated savings. 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), and section 106(a)(2), and section 106(c) of the Housing and Urban Development Act of 1968, as amended, $8,000,000. flexible subsidy fund For assistance to owners of eligible multifamily housing projects insured, or formerly insured, 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–1a), 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, 1990, 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 1991, 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. federal housing administration fund For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and General Insurance Fund as authorized by the National Housing Act, as amended (12 U.S.C. 1715z–3(b) and 1735c(f)), $317,366,000, to remain available until expended. During fiscal year 1991, within the resources available, gross obligations for direct loans are authorized in such amounts as may be necessary to carry out the purposes of the National Housing Act, as amended. During fiscal year 1991, additional commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, shall not exceed a loan principal of $75,000,000,000. During fiscal year 1991, gross obligations for direct loans of not to exceed $151,125,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. nonprofit sponsor assistance During fiscal year 1991, within the resources and authority available, gross obligations for the principal amounts of direct loans shall not exceed $1,100,000. 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, $150,000,000, to remain available until expended: Provided, That $1,000,000 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 funds made available under this heading, with the exception of the $1,000,000 specified in the previous proviso, shall not be made available until September 1, 1991, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change. Government National Mortgage Association guarantees of mortgage-backed securities During fiscal year 1991, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721g), shall not exceed $80,000,000,000 of loan principal. 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, $73,164,000, 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. supplemental assistance for facilities to assist the homeless For grants for supplemental assistance for facilities to assist the homeless as authorized under subtitle D of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended, $11,263,000, 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. Solar Energy and Energy Conservation Bank assistance for solar and conservation improvements All funds previously appropriated under this head that are recaptured or that otherwise are or become available for obligation in fiscal year 1991 or thereafter, including all such amounts affected by the order of the United States District Court, Southern District of New York, in Dabney v. Reagan, 82 Civ. 2231–CSH, dated March 20, 1985, shall be withdrawn, pursuant to 31 U.S.C. 1555 et seq. 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), $3,200,000,000, to remain available until September 30, 1993: Provided, That $31,930,000 shall be available for grants to Indian tribes pursuant to section 106(b)(7)(A) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301) and not to exceed $14,500,000 shall be available for “special purpose grants” pursuant to section 107 of such Act: 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 provisos) 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 foregoing $3,200,000,000 to carry out a child care demonstration under section 222 of the Housing and Urban-Rural Recovery Act of 1983, as amended (12 U.S.C. 1701z–6 note): Provided further, That $2,000,000 shall be made available from the foregoing $3,200,000,000 to carry out a neighborhood development demonstration under section 123 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98–181): Provided further, That after September 30, 1990, no funds provided or heretofore provided in this or any other appropriations Act shall be used to establish or supplement a revolving fund under section 104(h) of the Housing and Community Development Act of 1974, as amended, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change. During fiscal year 1991, 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 $140,000,000 of contingent liability for loan principal. rehabilitation loan fund During fiscal year 1991, collections, unexpended balances of prior appropriations (including any recoveries of prior obligations) and any other amounts in the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), after September 30, 1990, are available and may be used for commitments for loans and operating costs and the capitalization of delinquent interest on delinquent or defaulted loans notwithstanding section 312(h) of such Act: Provided, That none of the funds in this Act may be used to sell any loan asset that the Secretary holds as evidence of indebtedness under such section 312. urban homesteading For reimbursement to the Federal Housing Administration Fund or the Rehabilitation Loan Fund for losses incurred under the urban homesteading program (12 U.S.C. 1706e), and for reimbursement to the Secretary of Veterans Affairs and the Secretary of Agriculture for properties conveyed by the Secretary of Veterans Affairs and the Secretary of Agriculture, respectively, for use in connection with an urban homesteading program approved by the Secretary of Housing and Urban Development pursuant to section 810 of the Housing and Community Development Act of 1974, as amended, and for reimbursement to the Resolution Trust Corporation for properties conveyed by such Corporation for such use, in accordance with section 810(g)(3) of such Act, $13,000,000, to remain available until expended, and of which not to exceed $250,000 shall be available to provide technical assistance as authorized by section 810(c) of such Act. 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, $28,500,000, to remain available until September 30,1992. 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, and section 561 of the Housing and Community Development Act of 1987, $12,410,000, to remain available until September 30, 1992: Provided, That not less than $5,810,000 shall be available to carry out activities pursuant to section 561 of the Housing and Community Development Act of 1987 and the demonstration period authorized in section 561(e) of such Act shall be deemed to be September 30, 1991. Management and Administration salaries and expenses (including transfer 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, $825,500,000, of which $396,000,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That during fiscal year 1991, notwithstanding any other provision of law, the Department of Housing and Urban Development shall maintain an average employment of at least 1,411 for public and Indian housing programs and an average field employment of at least 1,950 staff years for multifamily insured mortgage programs and activities. 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, $39,283,000, of which $10,000,000 shall be transferred from the various funds of the Federal Housing Administration. administrative provisions Notwithstanding any other provision of law or other requirement, the City of Lebanon, in the Commonwealth of Pennsylvania, is authorized to retain any land disposition proceeds from the financially closed-out Southside Urban Renewal Project (R–635(C)) not paid to the Department of Housing and Urban Development and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Lebanon shall retain such proceeds in a lump sum and shall be entitled to retain and use, in accordance with this paragraph, all past and future earnings from such proceeds, including any interest. Notwithstanding any other provision of law or other requirement, the City of Lawrence, Massachusetts, is authorized to retain any land disposition proceeds or urban renewal grant funds that remain after the financial closeout of the Theater Row Urban Renewal Project, and to use such funds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Lawrence shall retain such funds in a lump sum and shall be entitled to retain and use, in accordance with this paragraph, all past and future earnings from such funds, including any interest. The Secretary of Housing and Urban Development shall cancel the indebtedness of the Eastern New Mexico Natural Gas Association, Inc., a nonprofit organization, relating to the public facilities loan (Project No. NM–29–PFL0025), dated June 1, 1967, under title II of the Housing Amendments of 1955. The Eastern New Mexico Natural Gas Association, Inc., 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. That on the date of enactment of this Act, the note or other obligation represented by loan number 070024914 under such section 312, together with any promise to repay the unpaid principal, unpaid interest that has accrued on the note or obligation, and any other fees and charges payable in connection with it, shall be forgiven, and any other term or condition specified by the note or other obligation shall be canceled. Notwithstanding any other provision of law or other requirement, the City of Nanticoke, the Borough of Plymouth, and the Borough of Forty Fort, all in the County of Luzerne and in the Commonwealth of Pennsylvania, are authorized to retain any categorical settlement grant funds, urban renewal grant funds, and land disposition proceeds that remain after the financial closeout of the Lower Broadway Disaster Urban Renewal Project (No. B–79–UR–42–0001) in the City of Nanticoke, the Plymouth Disaster Urban Renewal Project (No. PA–R–617 and No. B–79–UR–42–0007) in the Borough of Plymouth, and the Forty Fort Disaster Urban Renewal Project (No. PA–R–613 and No. B–79–UR–42–0003) in the Borough of Forty Fort, respectively, and to use such funds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Nanticoke, the Borough of Plymouth, and the Borough of Forty Fort shall retain such funds in a lump sum and shall be entitled to retain and use, in accordance with this paragraph, all past and future earnings from such funds, including any interest. Notwithstanding any other provision of law or other requirement, the City of Pittsfield in the Commonwealth of Massachusetts, is authorized to retain any land disposition proceeds from the financially closed-out Columbus Urban Renewal Project, Parcel 5 (No. Mass. R–90) not paid to the Department of Housing and Urban Development and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Pittsfield shall retain such proceeds in a lump sum and shall be entitled to retain and use, in accordance with this paragraph, all past and future earnings from such proceeds, including any interest. Of the funds heretofore provided in Public Law 99–500 and Public Law 99–591 for grants pursuant to section 17(d)(4)(G) of the United States Housing Act of 1937, $1,450,000 shall be available for obligation for Dunes East Housing Development Grant project, number GA008HG501, through September 30, 1991, notwithstanding section 152 of the Housing and Community Development Act of 1987 and section 17(d)(4)(G) of the United States Housing Act of 1937. Notwithstanding any other provision of law or other requirement, the city of New Haven, Connecticut, is authorized to retain any land disposition proceeds or urban renewal grant funds that remain after the financial closeout of the Church Street Urban Renewal Project (No. Conn. R–2), and to use such funds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The city of New Haven shall retain such funds in a lump sum and shall be entitled to retain and use, in accordance with this subsection, all past and future earnings from such funds, including any interest. Notwithstanding any other provision of law or other requirement, the Borough of East Stroudsburg, in the Commonwealth of Pennsylvania, is authorized to retain any land disposition proceeds from the closed-out Courtland Plaza Urban Renewal Project (No. PA–R–352) not paid to the Department of Housing and Urban Development and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The Borough of East Stroudsburg shall retain such proceeds in a lump sum and shall be entitled to retain and use all past and future earnings from such proceeds, including any interest. Notwithstanding any other provision of law or other requirement, the City of Roanoke, in the Commonwealth of Virginia, is authorized to retain any land disposition proceeds from the financially closed-out Downtown East Urban Renewal Project (R–42) not paid to the Department of Housing and Urban Development and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Roanoke shall retain such proceeds in a lump sum and shall be entitled to retain and use, in accordance with this paragraph, all past and future earnings from such proceeds, including any interest. The Secretary of Housing and Urban Development shall cancel the indebtedness of the Town of Fairmount Heights, Maryland, relating to the public facilities loan (Project No. MD–18–PFL0003) issued July 1, 1969, under title II of the Housing Amendments of 1955. The Town of Fairmount Heights 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. Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall approve the use by the Housing Authority of the City of Seattle of excess residual reserve receipts from the Bay View Tower (No. 127–38044) and Market House Projects (No. WA19–8023–005) for any purpose which inures to the benefit of the low-income tenants of federally or locally financed projects owned by the Authority. Excess residual receipt funds are those receipts in excess of 25 percent of the average annual operating costs during the immediately preceding five-year period. The $784,000 in the Housing Development Action Grant (HoDAG) funding previously awarded to the City of Santa Cruz, California by the Department of Housing and Urban Development under Section 17 of the United States Housing Act of 1937 (42 U.S.C. 1437o), as amended, are hereby restored to the City of Santa Cruz from previously appropriated funds for the construction of low-income housing at the site known as the Alborada project. Section 17(f) of the United States Housing Act of 1937 (42 U.S.C. 1437o(f)) is amended by inserting after “or State of Vermont” the following: “or State of Maryland or City of West Hollywood, California”. This amendment to section 17(f) shall also apply retroactively to any structure assisted under a program of the City of West Hollywood. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended by striking “(185 percent during fiscal year 1990)” and inserting the following: “(185 percent during fiscal year 1991)”. During fiscal year 1991, notwithstanding any other provision of law, average employment in the headquarter’s offices of the Department of Housing and Urban Development shall not exceed: (1) 28 staff years for the Immediate Office of the Secretary/Under Secretary, (2) 18 staff years for the Deputy Under Secretary for Field Coordination, (3) 20 staff years for the Office of Public Affairs, (4) 28 staff years for the Office of Legislation and Congressional Relations, (5) 1,152 staff years for the Assistant Secretary for Housing—Federal Housing Commissioner, of which 25 staff years shall be for data management reform and preservation activities only, (6) 162 staff years for the Assistant Secretary for Public and Indian Housing, (7) 274 staff years for the Assistant Secretary for Community Planning and Development, (8) 162 staff years for the Assistant Secretary for Policy Development and Research, (9) 172 staff years for the Assistant Secretary for Fair Housing and Equal Opportunity, and (10) 224 staff years for the Office of General Counsel, of which not more than 15 staff years shall be for the Immediate Office of the General Counsel: Provided, That the Office of Drug-Free Neighborhoods shall be transferred from the Office of General Counsel to the Assistant Secretary for Public and Indian Housing and included within the staff years provided herein therefor: Provided further, That no funds may be used from any amounts provided in this or any other Act for details of employees from any organization in the Department of Housing and Urban Development to any organization included under the budget activity “Departmental Management”. Notwithstanding any other provision of law, regulation or other requirement, the Secretary shall not require any public housing agency or Indian housing authority to seek competitive bids for the procurement of any line of insurance when such public housing agency or Indian housing authority purchases such line of insurance from a nonprofit insurance entity, owned and controlled by public housing agencies or Indian housing authorities, and approved by the Secretary. In establishing standards for approval of such nonprofit insurance entities, the Secretary shall be assured that such entities have sufficient surplus capital to meet reasonably expected losses, reliable accounting systems, sound actuarial projections, and employees experienced in the insurance industry. The Secretary shall not place restrictions on the investment of funds of any such entity that is regulated by the insurance department of any State that describes the types of investments insurance companies licensed in such State may make. With regard to such entities that are not so regulated, the Secretary may establish investment guidelines that are comparable to State law regulating the investments of insurance companies. Section 102(a)(12) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(12)) is amended by inserting after the period at the end the following new sentence: “Where the boundaries for a metropolitan city or urban county used for the 1980 census have changed as a result of annexation, the current population used to compute extent of growth lag shall be adjusted by multiplying the current population by the ratio of the population based on the 1980 census within the boundaries used for the 1980 census to the population based on the 1980 census within the current boundaries.”. The amendment made by this paragraph shall apply to the first allocation of assistance under section 106 that is made after the date of the enactment of this Act and to each allocation thereafter.

    Effective date note
    Pub. L. 101–625, title IX, § 903(c)(3), Nov. 28, 1990, 104 Stat. 4386, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to assistance under title I of the Housing and Community Development Act of 1974 [this chapter] for fiscal year 1991 and any fiscal year thereafter.” Pub. L. 101–625, title IX, § 904(b), Nov. 28, 1990, 104 Stat. 4387, provided that: “The amendment made by subsection (a) [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 28, 1990] and to each allocation thereafter.” Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1370, provided in part that: “The amendment made by this paragraph [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 5, 1990] and to each allocation thereafter.”

64. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 903(c)(1) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 101–625, § 903(c)(1), inserted at end “Any unit of general local government that was classified as a metropolitan city in any fiscal year, may, upon submission of written notification to the Secretary, relinquish such classification for all purposes under this chapter if it elects to have its population included with the population of a county for purposes of qualifying for assistance (for such following fiscal year) under section 5306 of this title as an urban county under paragraph (6)(D). Any metropolitan city that elects to relinquish its classification under the preceding sentence and whose port authority shipped at least 35,000,000 tons of cargo in 1988, of which iron ore made up at least half, shall not receive, in any fiscal year, a total amount of assistance under section 5306 of this title from the urban county recipient that is less than the city would have received if it had not relinquished the classification under the preceding sentence.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–625, § 903(c)(1), inserted at end “Any unit of general local government that was classified as a metropolitan city in any fiscal year, may, upon submission of written notification to the Secretary, relinquish such classification for all purposes under this chapter if it elects to have its population included with the population of a county for purposes of qualifying for assistance (for such following fiscal year) under section 5306 of this title as an urban county under paragraph (6)(D). Any metropolitan city that elects to relinquish its classification under the preceding sentence and whose port authority shipped at least 35,000,000 tons of cargo in 1988, of which iron ore made up at least half, shall not receive, in any fiscal year, a total amount of assistance under section 5306 of this title from the urban county recipient that is less than the city would have received if it had not relinquished the classification under the preceding sentence.”

    Enacted provision · exact public law section
    (1) Relinquishment by metropolitan city.— Section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)), as amended by subsection (a), is further amended by inserting after the period at the end the following: “Any unit of general local government that was classified as a metropolitan city in any fiscal year, may, upon submission of written notification to the Secretary, relinquish such classification for all purposes under this title if it elects to have its population included with the population of a county for purposes of qualifying for assistance (for such following fiscal year) under section 106 as an urban county under paragraph (6)(1). Any metropolitan city that elects to relinquish its classification under the preceding sentence and whose port authority shipped at least 35,000,000 tons of cargo in 1988, of which iron ore made up at least half, shall not receive, in any fiscal year, a total amount of assistance under section 106 from the urban county recipient that is less than the city would have received if it had not relinquished the classification under the preceding sentence.”.

    Effective date note
    Pub. L. 101–625, title IX, § 903(c)(3), Nov. 28, 1990, 104 Stat. 4386, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to assistance under title I of the Housing and Community Development Act of 1974 [this chapter] for fiscal year 1991 and any fiscal year thereafter.” Pub. L. 101–625, title IX, § 904(b), Nov. 28, 1990, 104 Stat. 4387, provided that: “The amendment made by subsection (a) [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 28, 1990] and to each allocation thereafter.” Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1370, provided in part that: “The amendment made by this paragraph [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 5, 1990] and to each allocation thereafter.”

65. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 903(a) · 104 Stat. 4079

    1. Substituted · 42 U.S.C. § 5302(a)(4)

       Pub. L. 101–625, § 903(a), substituted “Any city that was classified as a metropolitan city for at least 2 years pursuant to the first sentence of this paragraph shall remain classified as a metropolitan city.” for “In order to permit an orderly transition of each city losing its classification as a metropolitan city by reason of a decrease in population or revisions in the designation of metropolitan areas or central cities, any city classified as or deemed by law to be a metropolitan city for purposes of assistance under any section of this chapter for fiscal year 1983 or any subsequent fiscal year shall retain such qualification for purposes of receiving such assistance through September 30, 1989.”

    2. Struck · 42 U.S.C. § 5302(a)(4)

       Pub. L. 101–625, § 903(a), struck out “for fiscal year 1988 or 1989” before period at end of fourth sentence, and in last sentence struck out “the first or second sentence of” before “this paragraph” and “under such first or second sentence” after “qualifies as a metropolitan city”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–625, § 903(a), substituted “Any city that was classified as a metropolitan city for at least 2 years pursuant to the first sentence of this paragraph shall remain classified as a metropolitan city.” for “In order to permit an orderly transition of each city losing its classification as a metropolitan city by reason of a decrease in population or revisions in the designation of metropolitan areas or central cities, any city classified as or deemed by law to be a metropolitan city for purposes of assistance under any section of this chapter for fiscal year 1983 or any subsequent fiscal year shall retain such qualification for purposes of receiving such assistance through September 30, 1989.”, struck out “for fiscal year 1988 or 1989” before period at end of fourth sentence, and in last sentence struck out “the first or second sentence of” before “this paragraph” and “under such first or second sentence” after “qualifies as a metropolitan city”.

    Enacted provision · exact public law section
    (a) Metropolitan Cities.— Section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) is amended— (1) by striking the second sentence and inserting the following: “Any city that was classified as a metropolitan city for at least 2 years pursuant to the first sentence of this paragraph shall remain classified as a metropolitan city.”; (2) in the fourth sentence, by striking “for fiscal year 1988 or 1989”; and (3) in the last sentence, by striking— (A) “the first or second sentence of”; and (B) “under such first or second sentence”.

    Effective date note
    Pub. L. 101–625, title IX, § 903(c)(3), Nov. 28, 1990, 104 Stat. 4386, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to assistance under title I of the Housing and Community Development Act of 1974 [this chapter] for fiscal year 1991 and any fiscal year thereafter.” Pub. L. 101–625, title IX, § 904(b), Nov. 28, 1990, 104 Stat. 4387, provided that: “The amendment made by subsection (a) [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 28, 1990] and to each allocation thereafter.” Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1370, provided in part that: “The amendment made by this paragraph [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 5, 1990] and to each allocation thereafter.”

66. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 903(b) · 104 Stat. 4079

    Amended · 42 U.S.C. § 5302(a)(6)(B)

    Pub. L. 101–625, § 903(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this chapter for fiscal year 1983 or subsequent years shall retain such qualification for purposes of receiving such assistance through September 30, 1989, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984, except that the provisions of this subparagraph shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (ii)(I)(a) of subparagraph (A) or to not renew a cooperation agreement under clause (ii)(I)(b) of such subparagraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(6)(B). Pub. L. 101–625, § 903(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In order to permit an orderly transition of each county losing its classification as an urban county by reason of a decrease in population, any county classified as or deemed to be an urban county under this paragraph for purposes of receiving assistance under any section of this chapter for fiscal year 1983 or subsequent years shall retain such qualification for purposes of receiving such assistance through September 30, 1989, or for such longer period covered by a cooperation agreement entered into during fiscal year 1984, except that the provisions of this subparagraph shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (ii)(I)(a) of subparagraph (A) or to not renew a cooperation agreement under clause (ii)(I)(b) of such subparagraph.”

    Enacted provision · exact public law section
    (b) Urban Counties.— Section 102(a)(6)(B) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)(B)) is amended to read as follows: “(B) Any county that was classified as an urban county for at least 2 years pursuant to subparagraph (A), (C), or (D) shall remain classified as an urban county, unless it fails to qualify as an urban county pursuant to subparagraph (A) by reason of the election of any unit of general local government included in such county to have its population excluded under clause (ii)(I)(a) of subparagraph (A) or not to renew a cooperation agreement under clause (ii)(I)(b) of such subparagraph.”.

    Effective date note
    Pub. L. 101–625, title IX, § 903(c)(3), Nov. 28, 1990, 104 Stat. 4386, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to assistance under title I of the Housing and Community Development Act of 1974 [this chapter] for fiscal year 1991 and any fiscal year thereafter.” Pub. L. 101–625, title IX, § 904(b), Nov. 28, 1990, 104 Stat. 4387, provided that: “The amendment made by subsection (a) [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 28, 1990] and to each allocation thereafter.” Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1370, provided in part that: “The amendment made by this paragraph [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 5, 1990] and to each allocation thereafter.”

67. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 903(c)(2) · 104 Stat. 4079

    Added · 42 U.S.C. § 5302(a)(6)(D)(iv)

    Pub. L. 101–625, § 903(c)(2), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(D)(iv). Pub. L. 101–625, § 903(c)(2), added cl. (iv).

    Enacted provision · exact public law section
    (2) Inclusion with urban county.— Section 102(a)(6)(D) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)(D)) is amended— (A) in clause (ii), by striking “or” at the end; (B) in clause (iii), by striking the period at the end and inserting “; or”; and (C) by adding at the end the following new clause: “(iv) has entered into a local cooperation agreement with a metropolitan city that received assistance under section 106 because of such classification, and has elected under paragraph (4) to have its population included with the population of the county for purposes of qualifying as an urban county; except that to qualify as an urban county under this clause (I) the county must have a combined population of not less than 195,000, (II) more than 15 percent of the residents of the county shall be 60 years of age or older (according to the most recent decennial census data), (III) not less than 20 percent of the total personal income in the county shall be from pensions, social security, disability, and other transfer programs, and (IV) not less than 40 percent of the land within the county shall be publicly owned and not subject to property tax levies.”.

    Effective date note
    Pub. L. 101–625, title IX, § 903(c)(3), Nov. 28, 1990, 104 Stat. 4386, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to assistance under title I of the Housing and Community Development Act of 1974 [this chapter] for fiscal year 1991 and any fiscal year thereafter.” Pub. L. 101–625, title IX, § 904(b), Nov. 28, 1990, 104 Stat. 4387, provided that: “The amendment made by subsection (a) [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 28, 1990] and to each allocation thereafter.” Pub. L. 101–507, title II, Nov. 5, 1990, 104 Stat. 1370, provided in part that: “The amendment made by this paragraph [amending this section] shall apply to the first allocation of assistance under section 106 [section 5306 of this title] that is made after the date of the enactment of this Act [Nov. 5, 1990] and to each allocation thereafter.”

68. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 802(a) · 106 Stat. 3672

    Substituted · 42 U.S.C. § 5302(a)(1)

    Pub. L. 102–550, § 802(a), substituted “that, except as provided in section 5306(d)(4) of this title, is recognized by the Secretary” for “recognized by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–550, § 802(a), substituted “that, except as provided in section 5306(d)(4) of this title, is recognized by the Secretary” for “recognized by the Secretary”.

    Enacted provision · exact public law section
    (a) Definition.— Section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1) is amended by striking “recognized by the Secretary” and inserting the following: “that, except as provided in section 106(d)(4), is recognized by the Secretary”.

69. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 803 · 106 Stat. 3672

    Added · 42 U.S.C. § 5302(a)(6)(D)(v)

    Pub. L. 102–550, § 803, added cl. (v)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(D)(v). Pub. L. 102–550, § 803, added cl. (v).

    Enacted provision · exact public law section
    SEC. 803. URBAN COUNTIES. Section 102(a)(6)(D) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)(D)) is amended— (1) in clause (iii), by striking “or” at the end; (2) in clause (iv), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following new clause: “(v) (I) has a population of 175,000 or more (including the population of metropolitan cities therein), (II) before January 1, 1975, was designated by the Secretary of Defense pursuant to section 608 of the Military Construction Authorization Act, 1975 (Public Law 93–552; 88 Stat. 1763), as a Trident Defense Impact Area, and (III) has located therein not less than 1 unit of general local government that was classified as a metropolitan city and (a) for which county each such unit of general local government therein has relinquished its classification as a metropolitan city under the 6th sentence of paragraph (4), or (b) that has entered into cooperative agreements with each metropolitan city therein to undertake or to assist in the under-taking of essential community development and housing assistance activities.”.

70. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 807(c)(2) · 106 Stat. 3672

    Added · 42 U.S.C. § 5302(a)(22); 42 U.S.C. § 5302(a)(23)

    Pub. L. 102–550, § 807(c)(2), added pars. (22) and (23)

    Source evidence

    Code amendment note
    Subsec. (a)(22), (23). Pub. L. 102–550, § 807(c)(2), added pars. (22) and (23).

    Enacted provision · exact public law section
    (2) Definitions.— Section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)) is amended by adding at the end the following new paragraphs: “(22) The term ‘microenterprise’ means a commercial enterprise that has 5 or fewer employees, 1 or more of whom owns the enterprise. “(23) The term ‘small business’ means a business that meets the criteria set forth in section 3(a) of the Small Business Act”.

71. 1996

    Pub. L. 104–204 title II § 216 · 110 Stat. 2874

    Added · 42 U.S.C. § 5302(a)(6)(D)(vi)

    Pub. L. 104–204 added cl. (vi)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(D)(vi). Pub. L. 104–204 added cl. (vi).

72. 2000

    Pub. L. 106–377 § 1(a)(1)(tII)(s217) · 114 Stat. 1441

    Added · 42 U.S.C. § 5302(a)(6)(D)(vii); 42 U.S.C. § 5302(a)(6)(D)(viii)

    Pub. L. 106–377 added cls. (vii) and (viii)

    Source evidence

    Code amendment note
    Subsec. (a)(6)(D)(vii), (viii). Pub. L. 106–377 added cls. (vii) and (viii).

    Enacted provision · exact public law section
    (1) H.R. 5482, as introduced on October 18, 2000.

73. 2003

    Pub. L. 108–186 § 501(b) · 117 Stat. 2685

    1. Inserted · 42 U.S.C. § 5302(a)(1)

       Pub. L. 108–186, § 501(b), in first sentence, inserted “and” after “Secretary;”

    2. Struck · 42 U.S.C. § 5302(a)(1)

       Pub. L. 108–186, § 501(b), in first sentence, struck out “; and the Trust Territory of the Pacific Islands” after “the District of Columbia”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–186, § 501(b), in first sentence, inserted “and” after “Secretary;” and struck out “; and the Trust Territory of the Pacific Islands” after “the District of Columbia”.

    Enacted provision · exact public law section
    (b) Definition of Unit of General Government.— The first sentence of section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)) is amended— (1) by inserting “and” after “Secretary;”; and (2) by striking “; and the Trust Territory of the Pacific Islands”.

74. 2003

    Pub. L. 108–186 § 501(a) · 117 Stat. 2685

    Added · 42 U.S.C. § 5302(a)(24)

    Pub. L. 108–186, § 501(a), added par. (24)

    Source evidence

    Code amendment note
    Subsec. (a)(24). Pub. L. 108–186, § 501(a), added par. (24).

    Enacted provision · exact public law section
    (a) Definition of Insular Areas.— Section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)) is amended by adding at the end the following: “(24) The term ‘insular area’ means each of Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.” .

75. 2007

    Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008

    Pub. L. 110–161 div. K title II § 232 · 121 Stat. 1844

    Inserted · 42 U.S.C. § 5302(a)(4)

    Pub. L. 110–161 inserted at end “Notwithstanding any other provision of this paragraph, with respect to any fiscal year beginning after September 30, 2007, the cities of Alton and Granite City, Illinois, shall be considered metropolitan cities for purposes of this chapter.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 110–161 inserted at end “Notwithstanding any other provision of this paragraph, with respect to any fiscal year beginning after September 30, 2007, the cities of Alton and Granite City, Illinois, shall be considered metropolitan cities for purposes of this chapter.”

    Enacted provision · exact public law section
    Sec. 232. Section 1729(a)(2)(E) of title 38, United States Code, is amended by striking “October 1, 2007,” and inserting “October 1, 2008,”.

76. 2026

    Pub. L. 119–70 § 2 · 140 Stat. 3

    Added · 42 U.S.C. § 5302(a)(20)(C)

    Pub. L. 119–70 added subpar. (C) related to service-connected disability compensation

    Unresolved: Pub. L. 119–70 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    (a)(20)(C). Pub. L. 119–70 added subpar. (C) related to service-connected disability compensation.

77. 2026

    Pub. L. 119–101 § 504(d)(1)(A)(iii) · 140 Stat. 932

    Redesignated · 42 U.S.C. § 5302(a)(20)(B)

    Pub. L. 119–101, § 504(d)(1)(A)(iii), added subpar. (B). Former subpar. (B) related to percentages of median income redesignated (C)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(20)(B). Pub. L. 119–101, § 504(d)(1)(A)(iii), added subpar. (B). Former subpar. (B) related to percentages of median income redesignated (C).

78. 2026

    Pub. L. 119–101 § 504(d)(1)(A)(i) · 140 Stat. 932

    1. Redesignated · 42 U.S.C. § 5302(a)(20)(C)

       Pub. L. 119–101, § 504(d)(1)(A)(i), (ii), redesignated subpar. (B) related to percentages of median income as (C)

    2. Inserted · 42 U.S.C. § 5302(a)(20)(C)

       Pub. L. 119–101, § 504(d)(1)(A)(i), (ii), inserted “or (B)” after “subparagraph (A)”

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(20)(C). Pub. L. 119–101, § 504(d)(1)(A)(i), (ii), redesignated subpar. (B) related to percentages of median income as (C) and inserted “or (B)” after “subparagraph (A)”.

79. 2026

    Pub. L. 119–101 § 504(d)(1)(B) · 140 Stat. 932

    Added · 42 U.S.C. § 5302(a)(25)

    Pub. L. 119–101, § 504(d)(1)(B), added par. (25)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(25). Pub. L. 119–101, § 504(d)(1)(B), added par. (25).

85 of 108 references resolved to an enrolled provision · 18 partial · 5 unresolved