-CITE- 12 USC CHAPTER 13 - NATIONAL HOUSING 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- CHAPTER 13 - NATIONAL HOUSING -MISC1- Sec. 1701. Short title. 1701a. Short title of amendment of 1938. 1701b. Short title of amendment of 1942. 1701c. Secretary of Housing and Urban Development. 1701c-1 to 1701d-3. Omitted or Repealed. 1701d-4. Exchange and assembly of housing and urban planning and development data; payment of expenses; acceptance of funds, services, facilities, materials, and other donations; approval of Secretary of State for international programs and activities. 1701e to 1701g-4. Repealed or Omitted. 1701g-5. Revolving fund in connection with liquidating programs. 1701g-5a. Transfer of New Communities Fund assets and liabilities. 1701g-5b. Liquidation of New Communities Program; cancellation of debt. 1701g-5c. Transfer of rehabilitation loan fund assets and liabilities. 1701h. Advisory committees; payment of transportation and other expenses. 1701h-1. Housing for elderly persons advisory committee. 1701i, 1701i-1, 1701j. Omitted or Repealed. 1701j-1. Builder's certification as to construction. 1701j-2. National Institute of Building Sciences. 1701j-3. Preemption of due-on-sale prohibitions. 1701k. Right to redeem property on which United States has lien. 1701l. Limitation on interest rates of insured mortgages; terms of sales. 1701l-1. Mortgage proceeds fraudulently misappropriated by mortgagor; recovery of deficiency after foreclosure. 1701m. Credit and cancellation of notes transferred from Reconstruction Finance Corporation; net loss computation. 1701n. Reduction of vulnerability of congested urban areas to enemy attack. 1701o. Annual report of Secretary. 1701p. Contents of report to President and Congress. 1701p-1. Periodic report on residential mortgage delinquencies and foreclosures. 1701q. Supportive housing for the elderly. 1701q-1. Civil money penalties against mortgagors under section 1701q of this title. 1701q-2. Grants for conversion of elderly housing to assisted living facilities. 1701q-3. Funds for housing for elderly and persons with disabilities available for cost of maintenance and disposal of such properties. 1701r. Congressional findings respecting housing for senior citizens. 1701r-1. Pet ownership in assisted rental housing for the elderly or handicapped. 1701s. Rent supplement payments for qualified lower income families. 1701t. Congressional affirmation of national goal of decent homes and suitable living environment for American families. 1701u. Economic opportunities for low- and very low-income persons. 1701v. Congressional findings and declaration for improved architectural design in Government housing programs. 1701w. Budget, debt management, and related counseling services for mortgagors; authorization of appropriations. 1701x. Assistance with respect to housing for low- and moderate-income families. 1701y. National Homeownership Foundation. 1701z. New technologies in the development of housing for lower income families. 1701z-1. Research and demonstrations; authorization of appropriations; continuing availability of funds. 1701z-2. Advanced technologies, methods, and materials for housing construction, rehabilitation, and maintenance. 1701z-3. Experimental housing allowance payment program. 1701z-4. Abandoned properties demonstration project. 1701z-5. Demonstrations of heating or cooling residential housing utilizing solar energy. 1701z-6. Special housing need research and demonstration authority. 1701z-7. Studies to determine extent of need for counseling to mortgagors; report to Congress. 1701z-8. Energy conservation and renewable-resource demonstration. 1701z-9. Expansion of home ownership opportunities in urban areas. 1701z-10. Model rehabilitation guidelines in inspection and approval of rehabilitated properties; report to Congress. 1701z-10a. Biennial survey of economic and housing market conditions. 1701z-11. Management and disposition of multifamily housing projects. 1701z-12. Housing access. 1701z-13. Solar energy for single-family and multifamily housing units. 1701z-14. Lower cost technology demonstration program. 1701z-15. Approval of individual residential water purification or treatment units. SUBCHAPTER I - HOUSING RENOVATION AND MODERNIZATION 1702. Administrative provisions. 1702a. Repealed. 1703. Insurance of financial institutions. 1704. Repealed. 1705. Allocation of funds. 1706, 1706a.Repealed. 1706b. Taxation of real property held by Secretary. 1706c. Insurance of mortgages. 1706d. Applicability. 1706e. Repealed. SUBCHAPTER II - MORTGAGE INSURANCE 1707. Definitions. 1708. Federal Housing Administration operations. 1709. Insurance of mortgages. 1709-1. Repealed. 1709-1a. State constitutional and legal limits upon interest chargeable on loans, mortgages, or other interim financing arrangements; applicability; covered arrangements. 1709-2. Equity skimming; penalty; persons liable; one dwelling exemption. 1709a. Determination of loan-to-value ratios. 1709b. Repealed. 1710. Payment of insurance. 1711. General Surplus and Participating Reserve Accounts. 1712. Investment of funds. 1712a. Indexing of FHA multifamily housing loan limits. 1713. Rental housing insurance. 1714. Taxation. 1715. Statistical and economic surveys. 1715a. Repealed. 1715b. Rules and regulations. 1715c. Labor standards. 1715d. Insurance of mortgages on property in Alaska, Guam, Hawaii, and Virgin Islands. 1715e. Cooperative housing insurance. 1715f. Process of applications and issuance of commitments. 1715g. Insurance of mortgage where mortgagor is not occupant of property. 1715h to 1715j. Repealed. 1715k. Rehabilitation and neighborhood conservation housing insurance. 1715l. Housing for moderate income and displaced families. 1715m. Mortgage insurance for servicemen. 1715n. Miscellaneous mortgage insurance. 1715o. Interest rate on debentures; method of establishment. 1715p. Insurance of advances under open-end mortgages; payment of charges; eligibility and conditions. 1715q. Delivery of statement of appraisal or estimates to home buyers. 1715r. Requirement of builder's cost certification; definitions. 1715s. Transferred. 1715t. Voluntary termination of insurance. 1715u. Authority to assist mortgagors in default. 1715v. Insurance of mortgages for housing for elderly persons. 1715w. Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes. 1715x. Experimental housing insurance. 1715y. Mortgage insurance for condominiums. 1715z. Homeownership or membership in cooperative association for lower income families. 1715z-1. Rental and cooperative housing for lower income families. 1715z-1a. Assistance for troubled multifamily housing projects. 1715z-1b. Tenant participation in multifamily housing projects. 1715z-1c. Regulation of rents in insured projects. 1715z-2. Special mortgage insurance assistance. 1715z-3. Special Risk Insurance Fund. 1715z-4. Modifications in terms of mortgages covering multifamily projects; requests for extensions to cure defaults or for modification of mortgage terms; regulations. 1715z-4a. Double damages remedy for unauthorized use of multifamily housing project assets and income. 1715z-5. Purchase of fee simple title from lessors. 1715z-6. Supplemental loans for multifamily projects. 1715z-7. Mortgage insurance for hospitals. 1715z-8. Mortgage assistance payments for middle-income families. 1715z-9. Co-insurance of eligible mortgage, advance, or loan. 1715z-10. Graduated payment and indexed mortgages. 1715z-11. Sale to cooperatives of multifamily housing projects acquired by Secretary; acceptance of purchase money mortgage for sale or insurance of mortgage; principal amount of mortgage; expenditures for repairs, etc., prior to sale. 1715z-11a. Disposition of HUD-owned properties. 1715z-12. Single-family mortgage insurance on Hawaiian home lands. 1715z-13. Single family mortgage insurance on Indian reservations. 1715z-13a. Loan guarantees for Indian housing. 1715z-13b. Loan guarantees for Native Hawaiian housing. 1715z-14. Risk-sharing demonstration. 1715z-15. Limitation on prepayment of mortgages on multifamily rental housing. 1715z-16. Adjustable rate single family mortgages. 1715z-17. Shared appreciation mortgages for single family housing. 1715z-18. Shared appreciation mortgages for multifamily housing. 1715z-19. Equity skimming penalty. 1715z-20. Insurance of home equity conversion mortgages for elderly homeowners. 1715z-21. Delegation of insuring authority to direct endorsement mortgagees. 1715z-22. Multifamily mortgage credit programs. 1715z-22a. Definitions. SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS 1716. Declaration of purposes of subchapter. 1716-1, 1716a. Repealed. 1716b. Partition of Federal National Mortgage Association into Federal National Mortgage Association and Government National Mortgage Association; assets and liabilities; operations. 1717. Federal National Mortgage Association and Government National Mortgage Association. 1717a. Prohibition against sale of obligations by Federal departments and agencies after June 30, 1966, without compliance with requirements of section 1717(c) of this title or without approval by Secretary of the Treasury; exemption. 1718. Capitalization of Federal National Mortgage Association. 1719. Secondary market operations. 1720. Repealed. 1721. Management and liquidation functions of Government National Mortgage Association. 1722. Benefits and burdens incident to administration of functions and operations under sections 1720 and 1721. 1723. Management. 1723a. General powers of Government National Mortgage Association and Federal National Mortgage Association. 1723b. Investment of funds. 1723c. Obligations, participations, or other instruments as lawful investments; acceptance as security; exempt securities. 1723d. Transfer of certain functions to Association. 1723e to 1723h. Repealed. 1723i. Civil money penalties against issuers. SUBCHAPTER IV - INSURANCE OF SAVINGS AND LOAN ACCOUNTS 1724 to 1730i. Repealed. SUBCHAPTER V - MISCELLANEOUS 1731. Repealed. 1731a. Penalties. 1731b. Prohibition against transient housing. 1732. Separability. 1733. Application of other laws. 1734. Amendment, extension, or increase of commitment amounts. 1735. Payment of certain funds to Treasury. 1735a. Prepayment of mortgages by nonprofit educational institutions; refunds. 1735b. Expenditures to correct or reimburse for structural or other major defects in mortgaged homes. 1735c. General Insurance Fund. 1735d. Payment of insurance benefits in cash or debentures; borrowing money from Treasury to make payments. 1735e. Acceptance of materials or products used in structures. 1735e-1. Use of American materials and products. 1735f. Water and sewerage facilities. 1735f-1. Waiver of deduction on assignment of property to Secretary in lieu of foreclosure. 1735f-2. Uniform rehabilitation standards for housing within and without urban renewal areas. 1735f-3. Insurance of mortgage proceeds advanced during construction or rehabilitation or prior to final endorsement of project mortgage. 1735f-4. Minimum property standards. 1735f-5. Prohibition against discrimination on account of sex in extension of mortgage assistance; consideration of combined income of husband and wife for purpose of extending mortgage credit; definitions. 1735f-6. Secondary mortgages held by State or local governmental agency on insured properties. 1735f-7. Exemption from State usury laws; applicability. 1735f-7a. State constitution or laws limiting mortgage interest, discount points, and finance or other charges; exemption for obligations made after March 31, 1980. 1735f-8. Time of payment of premium charges. 1735f-9. Limitation on commitments to insure loans and mortgages. 1735f-10. Purchaser-broker arrangement payments for insurance purposes. 1735f-11. Review of mortgagee performance and authority to terminate. 1735f-12. Assurance of adequate processing of applications for loan and mortgage insurance. 1735f-13. Prohibition of requirement of minimum principal loan amount. 1735f-14. Civil money penalties against mortgagees, lenders, and other participants in FHA programs. 1735f-15. Civil money penalties against multifamily mortgagors. 1735f-16. Annual audited financial statements. 1735f-17. Examinations and sanctions for certain violations. 1735f-18. Information regarding early defaults and foreclosures on insured mortgages. 1735f-19. Partial payment of claims on defaulted mortgages and in connection with mortgage restructuring. 1735f-20. Authorization of appropriations for General and Special Risk Insurance Funds. 1735g. Mortgage relief for homeowners who are unemployed as result of closing of Federal installation. 1735h. Repealed. SUBCHAPTER VI - WAR HOUSING INSURANCE 1736. Definitions. 1737. Repealed. 1738. Insurance of mortgages. 1739. Mortgage insurance benefits. 1740. Repealed. 1741. State taxation of realty held by Secretary. 1742. Rules and regulations. 1743. Insurance of mortgages. 1744. Insurance of loans for manufacture of houses. 1745. Insurance of mortgages on sales of Government housing; limits and conditions; Greenbelt towns; State housing. 1746. Insurance on mortgages on large-scale housing projects. 1746a. Termination of commitment authority under this subchapter. SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL HOUSING FOR FAMILIES OF MODERATE INCOME 1747. Purpose of subchapter; authorization; terms and conditions; expiration of insurance contract. 1747a. Eligibility for insurance. 1747b. Premium charges; fees for examination and inspection. 1747c. Rent schedules. 1747d. Excess earnings used for amortization of original investment. 1747e. Financial statements by Secretary. 1747f. Payment of claims; assignment of benefits by investors. 1747g. Debentures. 1747h. Termination of insurance contract by investor. 1747i. Repealed. 1747j. Taxation of real property. 1747k. Rules and regulations. 1747l. Definitions. SUBCHAPTER VIII - ARMED SERVICES HOUSING MORTGAGE INSURANCE 1748. Definitions. 1748a. Repealed. 1748b. Insurance of mortgages. 1748c. Repealed. 1748d. Lease of property; terms and conditions. 1748e. Mortgages on property in Alaska. 1748f. Rules and regulations. 1748g. Cost certification. 1748g-1, 1748h. Omitted. 1748h-1. Civilian employees of Armed Forces. 1748h-2. Insurance of mortgages for defense housing for impacted areas. 1748h-3. Payments in lieu of taxes; limitations; exemption from taxation. 1748i. Omitted. SUBCHAPTER IX - HOUSING FOR EDUCATIONAL INSTITUTIONS 1749 to 1749c. Repealed. 1749d. Cost of inspections and of providing representatives. SUBCHAPTER IX-A - MORTGAGE INSURANCE FOR LAND DEVELOPMENT AND NEW COMMUNITIES 1749aa to 1749ll. Repealed. SUBCHAPTER IX-B - MORTGAGE INSURANCE FOR GROUP PRACTICE FACILITIES AND MEDICAL PRACTICE FACILITIES 1749aaa. Insurance of mortgages. 1749aaa-1. Premiums and other charges. 1749aaa-2. Payment of insurance benefits. 1749aaa-3. Regulations. 1749aaa-4. Administration. 1749aaa-5. Definitions. SUBCHAPTER IX-C - NATIONAL INSURANCE DEVELOPMENT PROGRAM 1749bbb to 1749bbb-2. Omitted. PART A - STATEWIDE PLANS TO ASSURE FAIR ACCESS TO INSURANCE REQUIREMENTS 1749bbb-3 to 1749bbb-6a. Omitted. PART B - REINSURANCE COVERAGE 1749bbb-7 to 1749bbb-10. Omitted. PART C - FEDERAL INSURANCE AGAINST BURGLARY AND THEFT 1749bbb-10a to 1749bbb-10d. Omitted. PART D - GENERAL PROVISIONS 1749bbb-11 to 1749bbb-21. Omitted. SUBCHAPTER X - NATIONAL DEFENSE HOUSING INSURANCE 1750. Definitions. 1750a, 1750a-1. Repealed or Omitted. 1750b. Insurance in critical areas. 1750c. Mortgage insurance benefits. 1750d. Repealed. 1750e. Taxation. 1750f. Rules and regulations. 1750g. Insurance of additional mortgages. SUBCHAPTER XI - VOLUNTARY HOME MORTGAGE CREDIT 1750aa to 1750jj. Omitted. -End- -CITE- 12 USC Sec. 1701 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701. Short title -STATUTE- This chapter may be cited as the "National Housing Act." -SOURCE- (June 27, 1934, ch. 847, 48 Stat. 1246.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to this chapter (Sec. 1701 et seq.). For complete classification of this Act to the Code, see Tables. -MISC1- SHORT TITLE OF 2007 AMENDMENT Pub. L. 110-37, Sec. 1, June 18, 2007, 121 Stat. 229, provided that: "This Act [amending section 1715z-13a of this title] may be cited as the 'Native American Home Ownership Opportunity Act of 2007'." SHORT TITLE OF 2006 AMENDMENT Pub. L. 109-240, Sec. 1, July 10, 2006, 120 Stat. 515, provided that: "This Act [amending section 1715z-7 of this title] may be cited as the 'Rural Health Care Capital Access Act of 2006'." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-213, Sec. 1, Apr. 1, 2004, 118 Stat. 571, provided that: "This Act [amending section 1715k of this title] may be cited as the 'Energy Efficient Housing Technical Correction Act'." SHORT TITLE OF 2003 AMENDMENTS Pub. L. 108-186, title III, Sec. 302(a), Dec. 16, 2003, 117 Stat. 2692, provided that: "This section [amending sections 1713, 1715e, 1715k, 1715l, 1715v, and 1715y of this title] may be cited as the 'FHA Multifamily Loan Limit Adjustment Act of 2003'." Pub. L. 108-91, Sec. 1, Oct. 3, 2003, 117 Stat. 1158, provided that: "This Act [amending section 1715z-7 of this title and enacting provisions set out as a note under section 1715z-7 of this title] may be cited as the 'Hospital Mortgage Insurance Act of 2003'." SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-326, Sec. 1, Dec. 4, 2002, 116 Stat. 2792, provided that: "This Act [enacting section 1712a of this title, amending sections 1709, 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z-10, and 1721 of this title, and repealing provisions set out as a note under section 1721 of this title] may be cited as the 'FHA Downpayment Simplification Act of 2002'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-569, Sec. 1(a), Dec. 27, 2000, 114 Stat. 2944, provided that: "This Act [see Tables for classification] may be cited as the 'American Homeownership and Economic Opportunity Act of 2000'." Pub. L. 106-569, title VIII, Sec. 801, Dec. 27, 2000, 114 Stat. 3018, provided that: "This title [amending sections 1701q and 1715z- 1 of this title and sections 8013, 13631, and 13632 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1701q and 1715z-1 of this title] may be cited as the 'Affordable Housing for Seniors and Families Act'." Pub. L. 106-281, Sec. 1, Oct. 6, 2000, 114 Stat. 865, provided that: "This Act [amending section 1709 of this title] may be cited as the 'FHA Downpayment Simplification Extension Act of 2000'." SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-74, title V, Sec. 501(a), Oct. 20, 1999, 113 Stat. 1100, provided that: "This title [enacting section 1701q-2 of this title, amending sections 1701q, 1701q-2, 1715z-1, 1715z-1a, 1715z- 11a, and 4113 of this title and sections 1437f and 8013 of Title 42, The Public Health and Welfare, enacting provisions set out as notes in sections 1701q and 1715z-1 of this title and section 12701 of Title 42, and amending provisions set out as a note under section 1437f of Title 42] may be cited as the 'Preserving Affordable Housing for Senior Citizens and Families into the 21st Century Act'." SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-65, title V, Sec. 510, Oct. 27, 1997, 111 Stat. 1385, provided that: "This title [enacting section 1437z-1 of Title 42, The Public Health and Welfare, amending sections 1708, 1715z-1, 1715z-4a, 1715z-19, 1735f-14, 1735f-15, 1735f-19, and 4565 of this title, section 1516 of Title 18, Crimes and Criminal Procedure, section 6103 of Title 26, Internal Revenue Code, and sections 503, 1437f, and 1437z of Title 42, enacting provisions set out as notes under sections 1735f-14 and 1735f-15 of this title and sections 503, 1437f, and 1437z-1 of Title 42, and amending provisions set out as notes under section 1437f of Title 42] may be cited as the 'Multifamily Assisted Housing Reform and Affordability Act of 1997'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-120, Sec. 1, Mar. 28, 1996, 110 Stat. 834, provided that: "This Act [enacting section 1490p-2 of Title 42, The Public Health and Welfare, amending sections 1715z-20, 1715z-22, and 1721 of this title and sections 1437d, 1437e, 1437n, 1479, 1485, 1490p- 2, and 5308 of Title 42, and enacting provisions set out as notes under section 4101 of this title and sections 1437d, 1437f, 5305, and 12805 of Title 42] may be cited as the 'Housing Opportunity Program Extension Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-233, Sec. 1(a), Apr. 11, 1994, 108 Stat. 342, provided that: "This Act [enacting sections 1735f-19 and 1735f-20 of this title and sections 1437x, 3547, 5321, and 12840 of Title 42, The Public Health and Welfare, amending sections 1701z-11, 1713, 1715e, 1715k, 1715y, 1715z-1a, 1715z-3, and 1735c of this title and sections 1437a, 1437d, 1437f, 1437g, 1437l, 3535, 4852, 5301, 5304, 5305, 5308, 5318, 12704, 12744, 12745, 12750, 12833, 12838, and 12893 of Title 42, enacting provisions set out as notes under sections 1701z-11, 1715n, and 1715z-1a of this title and sections 5301 and 5318 of Title 42, amending provisions set out as notes under sections 1707 and 1715z-1a of this title and section 3545 of Title 42, and repealing provisions set out as a note under section 1701z-11 of this title] may be cited as the 'Multifamily Housing Property Disposition Reform Act of 1994'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-550, title V, Sec. 541, Oct. 28, 1992, 106 Stat. 3794, provided that: "This subtitle [subtitle C (Secs. 541-544) of title V of Pub. L. 102-550, enacting sections 1715z-22 and 1715z- 22a of this title] may be cited as the 'Multifamily Housing Finance Improvement Act'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-440, Sec. 1, Oct. 3, 1984, 98 Stat. 1689, provided: "That this Act [enacting section 77r-1 of Title 15, Commerce and Trade, and amending sections 24, 1451, 1454, 1455, 1464, 1717, 1723, 1723a, 1723c, and 1757 of this title and sections 78c, 78g, 78h, and 78k of Title 15] may be cited as the 'Secondary Mortgage Market Enhancement Act of 1984'." SHORT TITLE OF 1983 AMENDMENT Pub. L. 98-181, Sec. 1(a), Nov. 30, 1983, 97 Stat. 1155, provided that: "Titles I through XI of this Act [enacting sections 635i-1, 635i-2, 635o to 635t, 1701g-5b, 1701p-1, 1701r-1, 1701z-10a, 1715z- 12 to 1715z-18, and 3901 to 3912 of this title, section 1671g of Title 19, Customs Duties, sections 276c-3, 283z-3, 285x, 285y, 286b- 2, 286e-1i, 286y, 286z, 286aa to 286gg, and 290g-12 of Title 22, Foreign Relations and Intercourse, and sections 1437o to 1437q, 1490k to 1490o, and 3542 of Title 42, The Public Health and Welfare, amending sections 635, 635a, 635a-2, 635a-3, 635a-4, 635b, 635e, 635f, 635g, 1437, 1701j-2, 1701j-3, 1701q, 1701s, 1701x, 1701z-1, 1703, 1706d, 1706e, 1707, 1709, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715u, 1715v, 1715w, 1715y, 1715z, 1715z-1, 1715z-1a, 1715z-5, 1715z-6, 1715z-7, 1715z-9, 1715z-10, 1721, 1735, 1735b, 1735c, 1735f-4, 1735f-8, 1735f-9, 1748h-1, 1748h-2, 1749bb, 1749aaa, 1749bbb to 1749bbb-2, 1749bbb-5 to 1749bbb-20, 1812, 2602, 2607, 2614, 2617, 2803, 2807, 2809, 2810, 3202, 3602, 3606, 3609, 3612, 3618, 3620, 3703, and 3804 of this title, sections 1671a and 1671b of Title 19, sections 262d, 286b, 286c, 286e-2, and 286q of Title 22, sections 1437a, 1437c, 1437d, 1437f, 1437g, 1437n, 1437l, 1439, 1452, 1452b, 1456, 1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a, 1490c, 1490e, 1490f, 1490j, 1500c-2, 2414, 3103, 3936, 4003, 4011 to 4020, 4022 to 4025, 4026, 4027, 4041, 4051 to 4054, 4055, 4056, 4071, 4072, 4081 to 4084, 4101 to 4107, 4121 to 4123, 4127, 4128, 5301, 5302 to 5308, 5312, 5316, 5318, 6872, 8007, 8010, and 8107 of Title 42, and section 2166 of the Appendix to Title 50, War and National Defense, repealing sections 1709-1, 1720, and 1723e of this title, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1482, 1490g, 1490i, 1500c, 3901, 3902 to 3906, 3908, 3909, 3911, 3914, 4511 to 4524, and 4528 to 4532 of Title 42, enacting provisions set out as notes under sections 635, 635a, 635o, 1701q, 1701z-6, 1709, 1713, 1715z-14, 1720, 2602, 3620, and 3901 of this title, section 484b of former Title 40, and sections 602, 1436a, 1437a, 1437f, 1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title 42, amending provisions set out as notes under section 5301 of Title 42, and repealing provisions set out as notes under sections 1709-1 and 1723 of this title and sections 1437a and 3901 of Title 42] may be cited as the 'Domestic Housing and International Recovery and Financial Stability Act'." Pub. L. 98-181, Sec. 1(b), Nov. 30, 1983, 97 Stat. 1155, provided that: "Titles I through V of this Act [enacting sections 1701g-5b, 1701p-1, 1701r-1, 1701z-10a, and 1715z-12 to 1715z-18 of this title and sections 1437o to 1437q, 1490k to 1490o, and 3542 of Title 42, The Public Health and Welfare, amending sections 1701j-2, 1701j-3, 1701q, 1701s, 1701x, 1701z-1, 1703, 1706d, 1706e, 1707, 1709, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715u, 1715v, 1715w, 1715y, 1715z, 1715z-1, 1715z-1a, 1715z-5, 1715z-6, 1715z-7, 1715z- 9, 1715z-10, 1721, 1735, 1735b, 1735c, 1735f-4, 1735f-8, 1735f-9, 1748h-1, 1748h-2, 1749bb, 1749aaa, 1749bbb to 1749bbb-2, 1749bbb-5 to 1749bbb-20, 2602, 2607, 2614, 2617, 3602, 3606, 3609, 3612, 3618, 3620, 3703, and 3804 of this title, and sections 1437a, 1437c, 1437d, 1437f, 1437g, 1437n, 1437l, 1439, 1452, 1452b, 1456, 1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a, 1490c, 1490e, 1490f, 1490j, 1500c-2, 2414, 3103, 3936, 4003, 4011 to 4020, 4022 to 4025, 4026, 4027, 4041, 4051 to 4054, 4055, 4056, 4071, 4072, 4081 to 4084, 4101 to 4107, 4121 to 4123, 4127, 4128, 5301, 5302 to 5308, 5312, 5316, 5318, 6872, 8007, 8010, and 8107 of Title 42, repealing sections 1709-1, 1720, and 1723e of this title, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1482, 1490g, 1490i, 1500c, 3901, 3902 to 3906, 3908, 3909, 3911, 3914, 4511 to 4524, and 4528 to 4532 of Title 42, enacting provisions set out as notes under sections 1701q, 1701z-6, 1709, 1713, 1715z-14, 1720, 2602, and 3620 of this title, section 484b of former Title 40, and sections 602, 1436a, 1437a, 1437f, 1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title 42, amending provisions set out as notes under section 5301 of Title 42, and repealing provisions set out as notes under sections 1709-1 and 1723 of this title and sections 1437a and 3901 of Title 42] may be cited as the 'Housing and Urban-Rural Recovery Act of 1983'." SHORT TITLE OF 1979 AMENDMENT Pub. L. 96-153, title III, Sec. 311(a), Dec. 21, 1979, 93 Stat. 1115, provided that: "This section [amending section 1715z-10 of this title] may be cited as the 'Homeownership Opportunity Act of 1979'." SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-630, title VII, Sec. 701, Nov. 10, 1978, 92 Stat. 3687, provided that: "This title [amending section 1730 of this title] may be cited as the 'Change in Savings and Loan Control Act of 1978'." SHORT TITLE OF 1977 AMENDMENT Pub. L. 95-24, Sec. 1, Apr. 30, 1977, 91 Stat. 55, provided: "That this Act [amending sections 1706e, 1715k, 1715l, 1735c, 1749bbb, and 1749bbb-8 of this title and sections 1437c, 1437f, 1437g, and 1451 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 1441 of Title 42] may be cited as the 'Supplemental Housing Authorization Act of 1977'." SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-375, Sec. 1, Aug. 3, 1976, 90 Stat. 1067, provided that: "This Act [enacting section 1701z-7 of this title, amending sections 1464, 1701j-2, 1701q, 1701z-1 to 1701z-3, 1706e, 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z, 1715z-1, 1715z-6, 1715z- 9, 1715z-10, 1723, 1723a, 1723e, 1735b, 1735c, 2708, 2709, and 2710 of this title, section 5315 of Title 5, Government Organization and Employees, section 461 of former Title 40, Public Buildings, Property, and Works, sections 1437a, 1437c, 1437f, 1437g, 1452b, 1480, 1490, 1490a, 3535, 4056, 4106, 4127, 4521, 5303, 5305, 5307, and 5316 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 1437c and 1723e of this title, section 461 of former Title 40, and section 1382 of Title 42, and amending provisions set out as notes under sections 1715e and 1723e of this title] may be cited as the 'Housing Authorization Act of 1976'." SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-13, prec. Sec. 1, Apr. 8, 1975, 89 Stat. 68, provided: "That this Act [amending section 1749bbb of this title and enacting provisions set out as a note under section 1749bbb of this title] may be cited as the 'National Insurance Development Act of 1975'." SHORT TITLE OF 1974 AMENDMENT Pub. L. 93-449, Sec. 1, Oct. 18, 1974, 88 Stat. 1364, provided that: "This Act [enacting section 1723e of this title, amending sections 347b, 1430, 1464, 1703, and 1709 of this title, enacting provisions set out as notes under section 1723e of this title, and amending provisions set out as a note under section 1904 of this title] may be cited as the 'Emergency Home Purchase Assistance Act of 1974'." SHORT TITLE OF 1970 AMENDMENTS Pub. L. 91-609, Sec. 1, Dec. 31, 1970, 84 Stat. 1770, provided: "That this Act [enacting sections 1466a, 1701z-1 to 1701z-4, 1709- 2, 1735f-2, 1749bbb-6a, and 1749bbb-10a to 1749bbb-10d of this title; sections 694a and 694b of Title 15, Commerce and Trade; and chapter 59 (Secs. 4501 et seq. and 4511 et seq.) of Title 42, The Public Health and Welfare; amending sections 371, 1431, 1432, 1464, 1701s, 1701x, 1703, 1712, 1715c, 1715e, 1715h, 1715l, 1715z, 1715z- 1, 1715z-3, 1715z-6, 1715z-7, 1717, 1718, 1730a, 1735b to 1735d, 1748h-1, 1748h-2, 1749, 1749bb, 1749cc, 1749aaa, 1749bbb, 1749bbb- 2, 1749bbb-7, 1749bbb-8, 1749bbb-11 to 1749bbb-15, 1813, and 1817 of this title; sections 692 to 694 and 1705 of title 15; section 617 of Title 16, Conservation; section 1014 of Title 18, Crimes and Criminal Procedure; section 803 of Title 20, Education; sections 461 and 484b of former Title 40, Public Buildings, Property, and Works; and sections 1401, 1402, 1410, 1415, 1421b, 1453, 1456, 1458, 1460, 1465, 1471, 1474, 1478, 1484 to 1487, 1490, 1492, 1500 to 1500d-1, 3108, 3311, 3356, 3533, 3535, 3906, 3907, and 3911 of Title 42; repealing sections 1701d-3 1701e, and 1701f of this title and sections 1436, 1452a, 3372, and 3373 of Title 42; enacting provisions set out as notes under section 694a of Title 15, and sections 1402, 1415, 1436, 1453, 1500 and 4501 of Title 42; amending provisions set out as notes under sections 1701c, 1716b, and 1749bbb of this title; and repealing provisions set out as notes under sections 1464 and 1701e of this title and section 1456 of Title 42] may be cited as the 'Housing and Urban Development Act of 1970'." Pub. L. 91-351, Sec. 1, July 24, 1970, 84 Stat. 450, provided: "That this Act [enacting sections 1451 to 1459 and 1715z-8 of this title, and section 3941 of Title 42, The Public Health and Welfare, amending sections 82, 371, 1464, 1709-1, 1715z-3, 1717, 1719, 1720, 1726, 1730a, and 1749 of this title, and section 3906 of Title 42, and enacting provisions set out as notes under sections 1430, 1451, 1710, and 1715z-8 of this title, and section 1452 of Title 42] may be cited as the 'Emergency Home Finance Act of 1970'." SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-152, Sec. 1, Dec. 24, 1969, 83 Stat. 379, provided: "That this Act [enacting sections 806 and 807 of Title 20, Education, section 484b of former Title 40, Public Buildings, Property, and Works, and sections 1490d and 4056 of Title 42, The Public Health and Welfare, amending sections 1425, 1464, 1701q, 1701s, 1701u, 1703, 1706d, 1707, 1709, 1709-1, 1713, 1715d, 1715e, 1715h, 1715k, 1715l, 1715m, 1715n, 1715v, 1715w, 1715y, 1715z, 1715z-1, 1715z-2, 1715z-3, 1717, 1720, 1727, 1748h-1, 1748h-2, 1749, 1749bb, 1749aaa, 1749bbb-8, 1749bbb-9, and 1749bbb-15 of this title, section 1702 of Title 15, Commerce and Trade, sections 801 to 805, and 811 of Title 20, section 461 of former Title 40, sections 1402, 1409, 1410, 1414, 1415, 1421b, 1441c, 1451, 1452, 1452b, 1453, 1455, 1460, 1463, 1466, 1467, 1468, 1468a, 1469b, 1483, 1485, 1487, 1489, 1496, 1500a, 3102, 3108, 3311, 3356, 3371, 3372, 3911, 4001, 4012, 4022, 4102, and 4121, of Title 42, and sections 1603 and 1604 of Title 49, Transportation, repealing section 1488 of Title 42, and enacting provisions set out as notes under section 1727 of this title, and section 1402 of Title 42] may be cited as the 'Housing and Urban Development Act of 1969'." SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90-448, Sec. 1, Aug. 1, 1968, 82 Stat. 476, provided: "That this Act [enacting sections 1701t to 1701z, 1715z to 1715z-7, 1716b and 1749bbb to 1749bbb-21 of this title, sections 1701 to 1720 of Title 15, Commerce and Trade, and sections 1417a, 1441a to 1441c, 1468a, 1469 to 1469c, 1490a to 1490c, 3533a, 3901 to 3914, 3931 to 3940, 4001, 4011 to 4027, 4041, 4051 to 4055, 4071, 4072, 4081 to 4084, 4101 to 4103, and 4121 to 4127 of Title 42, The Public Health and Welfare, amending sections 24, 371, 378, 1431, 1432, 1436, 1464, 1701d-4, 1701q, 1701s, 1703, 1709, 1709-1, 1715c, 1715e, 1715k to 1715o, 1715q, 1715r, 1715w to 1715y, 1716, 1717 to 1723a, 1723c, 1735c, 1735d, 1748h-2, 1749, 1749b, 1749c, 1749aaa and 1757 of this title, sections 5315 of Title 5, Government Organization and Employees, sections 633 and 636 of Title 15, section 709 of Title 18, Crimes and Criminal Procedure, sections 801, 802 and 805 of Title 20, Education, section 846 of former Title 31, Money and Finance, section 1820 [now 3720] of Title 38, Veterans' Benefits, sections 461, 462 and 612 of former Title 40, Public Buildings, Property and Works, section 207 of former Title 40, Appendix, sections 1401, 1402, 1403, 1410, 1415, 1420, 1421b, 1436, 1451, 1452 to 1453, 1455, 1456, 1457, 1460, 1462, 1465 to 1468, 1483, 1484, 1492, 1500a, 1500d, 2414, 3101, 3102, 3104, 3108, 3311, 3331, 3332, 3335, 3336, 3338, 3356, 3372, 3534 and 3535 of Title 42, and sections 1603 to 1605 and 1608 of Title 49, Transportation, repealing sections 1417, 2401 to 2413 and 2415 to 2421 of Title 42, and note set out under section 2401 of Title 42, and enacting provisions set out as notes under this section and sections 1701c, 1709, 1709-1, 1715z, 1715z-1, 1716b, 1717, 1721 and 1749bbb of this title, section 7313 of Title 5, section 1701 of Title 15, and sections 1417, 1436, 1452, 1469, 3901 and 4001 of Title 42] may be cited as the 'Housing and Urban Development Act of 1968'." Pub. L. 90-448, title XI, Sec. 1101, Aug. 1, 1968, 82 Stat. 555, provided that: "This title [enacting subchapter IX-C of chapter 13 of this title and section 3533a of Title 42, The Public Health and Welfare, amending sections 1701s(c)(2)(E), 1709(h) and 1735d(b) of this title, section 5315 of Title 5, Government Organization and Employees, section 636 of Title 15, and section 1462 of Title 42, and enacting provisions set out as a note under section 7313 of Title 5] may be cited as the 'Urban Property Protection and Reinsurance Act of 1968'." Pub. L. 90-255, Sec. 1, Feb. 14, 1968, 82 Stat. 5, provided: "That this Act [amending section 1730a of this title] may be cited as the 'Savings and Loan Holding Company Amendments of 1967'." SHORT TITLE OF 1966 AMENDMENT Pub. L. 89-429, Sec. 1, May 24, 1966, 80 Stat. 164, provided: "That this act [enacting section 745 of Title 20, Education, amending sections 1717, 1720(c), 1749(d), and 1757(7) of this title, section 1988(c) of Title 7, Agriculture, and section 743(c) of Title 20, and enacting provisions set out as a note under section 1717 of this title and section 262 of former Title 5, Executive Departments and Government Officers and Employees] may be cited as the 'Participation Sales Act of 1966'." SHORT TITLE OF 1965 AMENDMENT Pub. L. 89-117, Sec. 1, Aug. 10, 1965, 79 Stat. 451, provided: "That this Act [enacting sections 1701s and 1735c to 1735h, and subchapter IX-A of chapter 13 of this title, subchapter IV-A of chapter 14B of Title 15, Commerce and Trade, and sections 1421b, 1466 to 1468, 1500c-1, 1500c-2, 1500c-3, and 1487 to 1490, and chapters 36 and 37 of Title 42, The Public Health and Welfare, and provisions set out as notes under sections 1701d-3, 1701q, and 1749 of this title, section 462 of former Title 40, Public Buildings, Property, and Works, and sections 1451, 1453, 1455, 1460, 1465, 1466, and 3074 of Title 42, amending sections 371, 1464, 1701q, 1701o, 1701h, 1702, 1703, 1706c, 1709, 1710, 1713, 1715, 1715c, 1715e, 1715h, 1715k, 1715l, 1715m, 1715n, 1715t, 1715v, 1715w, 1715x, 1715y, 1717, 1718, 1720, 1721, 1727, 1739, 1743, 1744, 1747f, 1747g, 1748b, 1748h, 1748h-1, 1748h-2, 1749, 1749c, 1750, 1750c, and 1750g of this title, sections 633 and 671 of Title 15, sections 802 and 803 of Title 20, Education, sections 1804 [now 3704] and 1816 [now 3732] of Title 38, Veterans' Benefits, sections 461 and 462 of former Title 40, sections 1402, 1410, 1412, 1415, 1421a, 1422, 1451, 1452, 1452b, 1453, 1455, 1456, 1460, 1463, 1465, 1471, 1472, 1476, 1481, 1482, 1483, 1485, 1492, 1500, 1500a, 1500b, 1500c, 1500d, and 1500e of Title 42, and sections 1605 and 1608 of Title 49, Transportation, and repealing sections 1715j, 1737, 1740, 1747i, 1748a, 1748c, 1750a and 1750d of this title] may be cited as the 'Housing and Urban Development Act of 1965'." SHORT TITLE OF 1964 AMENDMENT Pub. L. 88-560, Sec. 1, Sept. 2, 1964, 78 Stat. 769, provided: "That this act [enacting sections 1730b, 1735a, and 1735b of this title, sections 801 to 805 and 811 of Title 20, Education, and sections 1452b, 1465, and 1486 of Title 42, The Public Health and Welfare, amending sections 24, 371, 1430, 1431, 1436, 1464, 1701q, 1703, 1709, 1710, 1713, 1715c, 1715e, 1715k to 1715n, 1715r, 1715u to 1715y, 1717, 1719 to 1721, 1723b, 1723c, 1726, 1739, 1748h-2, 1749c, and 1750c of this title, sections 636 and 637 of Title 15, Commerce and Trade, sections 1820 and 1823 of Title 38, Veterans' Benefits, sections 461 and 462 of former Title 40, Public Buildings, Property and Works, and sections 1402, 1410, 1415, 1436, 1451, 1452, 1452a, 1453, 1455, 1456, 1457, 1460, 1476, 1481 to 1483, 1485, 1492, 1500a, and 1504a of Title 42, and enacting provisions set out as notes under section 1713 of this title, section 461 of former Title 40, and sections 1415, 1451, 1455, 1460, and 1465 of Title 42] may be cited as the 'Housing Act of 1964'." SHORT TITLE OF 1962 AMENDMENT Pub. L. 87-723, Sec. 1, Sept. 28, 1962, 76 Stat. 670, provided: "That this Act [enacting section 1701r of this title and section 1485 of Title 42, The Public Health and Welfare, and amending sections 84 and 1701q of this title and sections 1471, 1472, 1474, 1476 and 1481 of Title 42] may be cited as the 'Senior Citizens Housing Act of 1962.' " SHORT TITLE OF 1961 AMENDMENT Pub. L. 87-70, Sec. 1, June 30, 1961, 75 Stat. 149, provided: "That this Act [enacting sections 1715x and 1715y of this title and sections 1436, 1484, 1497 and 1500 to 1500e of Title 42, The Public Health and Welfare, amending sections 371, 1464, 1701c, 1701q, 1703, 1709, 1710, 1713, 1715, 1715c, 1715e, 1715h, 1715j, 1715k, 1715l, 1715n, 1715o, 1715q, 1715r, 1715t, 1715v, 1715w, 1717, 1718, 1719, 1720, 1721, 1723a, 1723b, 1748b, 1748h-2, 1749, 1749b, 1749c, and 1750jj of this title, section 631, 633 and 636 of Title 15, Commerce and Trade, sections 461 and 462 of former Title 40, Public Buildings, Property, and Works, and sections 1402, 1410, 1415, 1421, 1421a, 1434, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1460, 1463, 1471, 1472, 1476, 1477, 1478, 1481, 1482, 1483, 1491, 1492, 1493, and 1594i of Title 42, and amending provisions set out as a note under section 1592c of Title 42] may be cited as the 'Housing Act of 1961'." SHORT TITLE OF 1959 AMENDMENT Pub. L. 86-372, Sec. 1, Sept. 23, 1959, 73 Stat. 654, provided: "That this Act [enacting sections 1701q, 1715t to 1715w, and 1748-2 of this title, and section 1463 of Title 42, The Public Health and Welfare, amending sections 24, 1464, 1703, 1706c, 1709, 1710, 1713, 1715c to 1715e, 1715h, 1715k-1715m, 1715r, 1717, 1719 to 1721, 1723b, 1731a, 1747, 1748b, 1748g, 1748h-1, 1749, 1749a, 1749c, and 1750jj of this title, sections 461 and 462 of former Title 40, Public Buildings, Property and Works, and sections 1401, 1402, 1410, 1415, 1450, 1451, 1452, 1453, 1455, 1456, 1457, 1460, 1586, 1594a and 1594j of Title 42, repealing section 1715i of this title, and enacting provisions set out as notes under sections 1720 and 1721 of this title and under sections 1456, 1460, 1476 and 1592c of Title 42] may be cited as the 'Housing Act of 1959'." SHORT TITLE OF 1956 AMENDMENT Act Aug. 7, 1956, ch. 1029, Sec. 1, 70 Stat. 1091, provided: "That this Act [enacting sections 1701d-3 and 1701h-1, of this title and sections 1462, 1496, 1589d, and 1594f of Title 42, The Public Health and Welfare; amending sections 1464, 1703, 1709, 1713, 1715e, 1715h, 1715k, 1715l, 1715r, 1717 to 1721, 1748, 1748b and 1749 of this title; section 694l of former Title 38, Pensions, Bonuses, and Veterans' Relief; section 461 of former Title 40, Public Buildings, Property, and Works; and sections 1402, 1410, 1412, 1415, 1421, 1451, 1452, 1454, 1455, 1456, 1460, 1481 to 1483, 1594, 1594a, 1594b, 1594c of Title 42; repealing section 1411b of Title 42; and enacting provisions set out as notes under section 1703 of this title and under sections 1481, 1592c and 1594 of Title 42] may be cited as the 'Housing Act of 1956'." SHORT TITLE OF 1955 AMENDMENT Act Aug. 11, 1955, ch. 783, Sec. 1, 69 Stat. 635, provided: "That this Act [enacting section 1701d-2 of this title and sections 1491 to 1495 and 1594 to 1594e of Title 42, The Public Health and Welfare; amending sections 1426, 1427, 1437, 1464, 1703, 1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715r, 1720, 1726, 1729, 1739, 1748 to 1748g, 1749, 1749c of this title; section 462 of former Title 40, Public Buildings, Property, and Works; sections 1410, 1451, 1453, 1456, 1460, 1481 to 1483, 1585 and 1591c of Title 42; and sections 480, 480a, 721, 721a, 910, 910a, 1408, 1408b, and 1408c of Title 48, Territories and Insular Possessions; repealing sections 1748g-1 and 1748h of this title; and enacting provisions set out as notes under sections 1426, 1715e, and 1749 of this title; section 1594 of Title 42; and under sections 480 and 1408 of Title 48] may be cited as the 'Housing Amendments of 1955'." Act Aug. 11, 1955, ch. 783, title III, Sec. 304, 69 Stat. 646, provided that the amendments to sections 1749 and 1749c of this title by act Aug. 11, 1955, may be cited as the "College Housing Amendments of 1955". SHORT TITLE OF 1954 AMENDMENT Act Aug. 2, 1954, ch. 649, Sec. 1, 68 Stat. 590, provided: "That this Act [enacting sections 1701j-1, 1701n to 1701p, 1702a, 1715k to 1715s, 1722 to 1723d, 1731a, 1731b, 1746a and 1750aa to 1750jj of this title; sections 460 to 462 of former Title 40, Public Buildings, Property, and Works; and sections 1411d, 1434, 1435, 1446, 1450, 1452a, 1455a, and 1589c of Title 42, The Public Health and Welfare; amending sections 24, 1430, 1431, 1436, 1464, 1701, 1703, 1706c, 1709, 1710, 1711, 1713, 1715c, 1715e, 1715h, 1715j, 1716, 1717 to 1721, 1725, 1728, 1729, 1730, 1748b, 1749, 1750b, 1750c and 1750g of this title; section 709 of Title 18, Crimes and Criminal Procedure; section 272 of Title 20, Education; section 694a of former Title 38, Pensions, Bonuses, and Veterans' Relief; section 459 of former Title 40; and sections 1407, 1410, 1415, 1416, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1459, 1460, 1481 to 1483, 1585, 1587, 1591c and 1592a of Title 42; repealing sections 1701j, 1706, 1716-1 and 1716a of this title; section 456 of former Title 40; sections 1451a, 1461 and 1551 of Title 42; and sections 484e, 724, and 1426 of Title 48, Territories and Insular Possessions; and enacting provisions set out as notes under sections 1703, 1710, 1715n, 1715s, and 1716 of this title; section 846 of former Title 31, Money and Finance; and under sections 1434, 1446, and 1450 of Title 42] may be cited as the 'Housing Act of 1954'." Section 201 of act Aug. 2, 1954, which generally amended subchapter III of this chapter, provided by section 312 of act June 27, 1934, as added to that act by section 201, that subchapter III of this chapter, may be referred to as the "Federal National Mortgage Association Charter Act". SHORT TITLE OF 1953 AMENDMENT Act June 30, 1953, ch. 170, Sec. 1, 67 Stat. 121, provided: "This Act [enacting sections 1715j and 1735 of this title, and sections 723 and 1425 of Title 48, Territories and Insular Possessions; amending sections 1701j, 1706c(b), 1709, 1711(c)(i), 1715d, 1715e(d), 1715h, 1716(a), 1716-1, 1717, 1748b(a), (b), 1749(a), 1750b(a), and 1750g(b) of this title, sections 1402(10), 1456(e), 1460(g), 1591(a), 1591c, 1592d(c), and 1592n(e) of Title 42, The Public Health and Welfare, and section 2166(c) of the Appendix to Title 50, War and National Defense; and enacting provisions set out as a note under section 1463 of this title, relating to dissolution and abolishment of the Home Owners' Loan Corporation] may be cited as the 'Housing Amendments of 1953'." SHORT TITLE OF 1952 AMENDMENT Act July 14, 1952, ch. 723, Sec. 1, 66 Stat. 601, provided that: "This Act [enacting sections 1701m, 1706d, and 1715i of this title and amending sections 1422, 1423, 1464, 1466, 1701g-2, 1707, 1713, 1715d, 1715h, 1716, 1717, 1726, 1736, 1745, 1747l, 1748, and 1750b of this title; sections 1481 to 1483, 1589a, 1592a, 1592l, and 1593 of Title 42, The Public Health and Welfare; and sections 484 and 484d of Title 48, Territories and Insular Possessions] may be cited as the 'Housing Act of 1952'." SHORT TITLE OF 1950 AMENDMENT Act Apr. 20, 1950, ch. 94, Sec. 1, 64 Stat. 48, provided that "This Act [enacting sections 1701j to 1701l, 1715e, 1715f, and 1749 to 1749c of this title and sections 1581 to 1589 and 1590 of Title 42, The Public Health and Welfare; amending sections 371, 1430, 1701c, 1703, 1705, 1706, 1706b, 1706c, 1707 to 1709, 1710 to 1715, 1715b, 1715c, 1716, 1717, 1720, 1721, 1736 to 1746, 1747 to 1747c, and 1747e to 1747l of this title, section 1017 of Title 7, Agriculture, section 604 of Title 15, Commerce and Trade, and sections 1412, 1521 to 1524, 1532, 1533, 1542 to 1548, 1552, 1553, 1561, 1571, 1572, and 1575 of Title 42; and enacting provisions set out as notes under sections 1701, 1701k, 1703, and 1709 of this title, section 1017 of Title 7, and section 1412 of Title 42] may be cited as the 'Housing Act of 1950'." SHORT TITLE OF 1948 AMENDMENT Act Aug. 10, 1948, ch. 832, Sec. 1, 62 Stat. 1268, provided that: "This Act [enacting sections 1701c, 1701e to 1701g-3, 1702, 1703, 1709, 1710, 1713, 1716, 1738, 1743 to 1746, and 1747 to 1747l of this title; section 846 of former Title 31, Money and Finance; section 694 of former Title 38, Pensions, Bonuses, and Veterans' Relief; and section 1404a of Title 42, The Public Health and Welfare] may be cited as the 'Housing Act of 1948'." REGULATIONS Pub. L. 106-569, title VIII, Sec. 802, Dec. 27, 2000, 114 Stat. 3018, provided that: "The Secretary of Housing and Urban Development (referred to in this title as the 'Secretary') shall issue any regulations to carry out this title [see section 801 of Pub. L. 106-569, set out as a Short Title of 2000 Amendment note above] and the amendments made by this title that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553." PREFERENCES FOR NATIVE HAWAIIANS ON HAWAIIAN HOME LANDS UNDER HUD PROGRAMS Secretary of Housing and Urban Development to provide a preference to native Hawaiians for housing assistance programs under this chapter for housing located on Hawaiian home lands, see section 958 of Pub. L. 101-625, set out as a note under section 1437f of Title 42, The Public Health and Welfare. LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE Assistance provided for in Housing and Community Development Act of 1974, National Housing Act, United States Housing Act of 1937, Housing Act of 1949, Demonstration Cities and Metropolitan Development Act of 1966, and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93-383, set out as a note under section 5301 of Title 42, The Public Health and Welfare. -End- -CITE- 12 USC Sec. 1701a 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701a. Short title of amendment of 1938 -STATUTE- The Act of February 3, 1938, ch. 13, 52 Stat. 8, may be cited as the "National Housing Act Amendments of 1938." -SOURCE- (Feb. 3, 1938, ch. 13, Sec. 1, 52 Stat. 8.) -REFTEXT- REFERENCES IN TEXT The National Housing Act Amendments of 1938, referred to in text, enacted sections 1715a, 1715b, and 1733 of this title and amended sections 24, 1703, 1707 to 1709, 1710 to 1715, 1716, 1717, 1718, and section 1731 [see sections 433, 493, 657, 1006, and 1008 to 1010 of Title 18, Crimes and Criminal Procedure] of this title. -COD- CODIFICATION Section was enacted as part of the National Housing Act Amendments of 1938, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701b 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701b. Short title of amendment of 1942 -STATUTE- The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as the "National Housing Act Amendments of 1942". -SOURCE- (May 26, 1942, ch. 319, Sec. 15, 56 Stat. 305.) -REFTEXT- REFERENCES IN TEXT The National Housing Act Amendments of 1942, referred to in text, enacted section 1743 of this title, amended heading of subchapter VI of this chapter [preceding section 1736 of this title], amended sections 1703, 1715c, 1737, 1738, 1739, and 1740 of this title, and enacted provisions set out as a note under section 1743 of this title. -COD- CODIFICATION Section was enacted as part of the National Housing Act Amendments of 1942, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701c 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701c. Secretary of Housing and Urban Development -STATUTE- In carrying out his functions, powers, and duties - (a) Employment of personnel; delegation of functions The Secretary of Housing and Urban Development may appoint such officers and employees as he may find necessary, which appointments shall be subject to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5. The Secretary may make such expenditures as may be necessary to carry out his functions, powers, and duties, and there are authorized to be appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out such functions, powers, and duties and for administrative expenses in connection therewith. The Secretary, without in any way relieving himself from final responsibility, may delegate any of his functions and powers to such officers, agents, or employees as he may designate, may authorize such successive redelegations of such functions and powers, as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. (b) Omitted (c) Additional powers and duties of Secretary and Federal Home Loan Bank Board The Secretary of Housing and Urban Development and the Director of the Office of Thrift Supervision, respectively, may, in addition to and not in derogation of any powers and authorities conferred elsewhere in this Act. (1) with the consent of the agency or organization concerned, accept and utilize equipment, facilities, or the services of employees of any Federal, State, or local public agency or instrumentality, educational institution, or nonprofit agency or organization and, in connection with the utilization of such services, may make payments for transportation while away from their homes or regular places of business and per diem in lieu of subsistence en route and at place of such service, in accordance with the provisions of section 5703 of title 5; (2) utilize, contract with and act through, without regard to section 5 of title 41, any Federal, State, or local public agency or instrumentality, educational institution, or non-profit agency or organization with the consent of the agency or organization concerned, and any funds available to said officers for carrying out their respective functions, powers, and duties shall be available to reimburse or pay any such agency or organization; and, whenever in the judgment of any such officer necessary, he may make advance, progress, or other payments with respect to such contracts without regard to the provisions of subsections (a) and (b) of section 3324 of title 31; and (3) make expenditures for all necessary expenses, including preparation, mounting, shipping, and installation of exhibits; purchase and exchange of technical apparatus; and such other expenses as may, from time to time, be found necessary in carrying out their respective functions, powers, and duties: Provided, That funds made available for administrative expenses in carrying out the functions, powers, and duties imposed upon the Secretary of Housing and Urban Development and the Federal Home Loan Bank Board,(!1) respectively, by or pursuant to law may at their option be consolidated into a single administrative expense fund accounts of such officer or agency for expenditure by them, respectively, in accordance with the provisions hereof. (d) Use of funds for library memberships The Secretary of Housing and Urban Development may utilize funds made available to him for salaries and expenses for payment in advance for dues or fees for library memberships in organizations (or for membership of the individual librarians in organizations which will not accept library membership) whose publications are available to members only, or to members at a price lower than to the general public, and for payment in advance for publications available only upon that basis or available at a reduced price on prepublication order. -SOURCE- (Aug. 10, 1948, ch. 832, title V, Sec. 502, 62 Stat. 1283; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Apr. 20, 1950, ch. 94, title V, Sec. 503, 64 Stat. 80; Pub. L. 87-70, title IX, Sec. 909, June 30, 1961, 75 Stat. 192; Pub. L. 90-19, Sec. 5(d)(1)- (3), (8)-(13), May 25, 1967, 81 Stat. 21; Pub. L. 98-479, title II, Secs. 202(b), 203(c), Oct. 17, 1984, 98 Stat. 2228, 2229; Pub. L. 100-242, title V, Sec. 570(a)(1), (3), Feb. 5, 1988, 101 Stat. 1949, 1950; Pub. L. 101-73, title III, Sec. 306, Aug. 9, 1989, 103 Stat. 352.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of that title. This Act, referred to in subsec. (c), is act Aug. 10, 1948, ch. 832, 62 Stat. 1268, as amended, known as the Housing Act of 1948. For complete classification of this Act to the Code, see Short Title of 1948 Amendments note set out under section 1701 of this title and Tables. -COD- CODIFICATION Subsec. (b) of section 502 of act Aug. 10, 1948, is set out as section 1404a of Title 42, The Public Health and Welfare. Section was enacted as part of the Housing Act of 1948, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1989 - Subsec. (c). Pub. L. 101-73, Sec. 306(a), which directed the substitution of "Director of the Office of Thrift Supervision" for "Federal Home Loan Bank Board (which term as used in this section shall also include and refer to the Federal Savings and Loan Insurance Corporation, the Home Owners Loan Corporation, and the Chairman of the Federal Home Loan Bank Board)", was executed as directed, except that "Home Owners' " rather than "Home Owners" appeared in the original in the language struck out. Subsec. (c)(1). Pub. L. 101-73, Sec. 306(b), substituted "of any Federal, State, or local" for "of any State or local". 1988 - Subsec. (a). Pub. L. 100-242, Sec. 570(a)(1), struck out "The Secretary of Commerce or his designee shall hereafter be included in the membership of the National Housing Council." Subsec. (c)(2). Pub. L. 100-242, Sec. 570(a)(3), inserted "and" at end. 1984 - Subsec. (a). Pub. L. 98-479, Sec. 202(b)(1), substituted "chapter 51 and subchapter III of chapter 53 of title 5" for "the Classification Act of 1949, as amended". Subsec. (c)(1). Pub. L. 98-479, Sec. 202(b)(2), substituted "section 5703 of title 5" for "5 U.S.C. 73b-2". Subsec. (c)(2). Pub. L. 98-479, Sec. 203(c), substituted "subsections (a) and (b) of section 3324 of title 31" for "section 3648 of the Revised Statutes [31 U.S.C. 529]". 1967 - Subsec. (a). Pub. L. 90-19, Sec. 5(d)(1)-(3), substituted "Secretary of Housing and Urban Development" for "Housing and Home Finance Administrator" and "Secretary" for "Administrator" wherever appearing, and struck out provision for preparation of official seal and judicial notice thereof. Subsec. (c). Pub. L. 90-19, Sec. 5(d)(8), (9), substituted "Secretary of Housing and Urban Development and the Federal Home Loan Bank Board" for "Housing and Home Finance Administrator, the Home Loan Bank Board" where it first appears and "Federal Home Loan Bank Board" for "Home Loan Bank Board, the Federal Housing Commissioner, and the Public Housing Commissioner". Subsec. (c)(3). Pub. L. 90-19, Sec. 5(d)(10), (11), substituted "Secretary of Housing and Urban Development and the Federal Home Loan Bank Board" and "such officer or agency" for "Housing and Home Finance Administrator, the Home Loan Bank Board, the Federal Housing Commissioner, and the Public Housing Commissioner" and "said officers or agencies". Subsec. (d). Pub. L. 90-19, Sec. 5(d)(12), (13), substituted "Secretary of Housing and Urban Development may utilize funds made available to him" for "Housing and Home Finance Administrator, the Federal Housing Commissioner and the Public Housing Commissioner, respectively, may utilize funds made available to them" and struck out "of the respective agencies" after "librarians". 1961 - Subsec. (c)(3). Pub. L. 87-70, Sec. 909(1), struck out provisions which made section 5 of title 41 inapplicable to any purchase or contract by officers (or their agencies) for services or supplies if the amount thereof does not exceed $300. Subsec. (d). Pub. L. 87-70, Sec. 909(2), added subsec. (d). 1950 - Act Apr. 20, 1950, amended third sentence of subsec. (a) to authorize the Administrator to permit redelegation of functions and powers which he had delegated previously to officers, agents, and employees but this does not relieve him of any final responsibility, and inserted "or pay" after "reimburse" in subsec. (c)(2). 1949 - Subsec. (a). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 101-73, set out as a note under section 1437 of this title. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of Housing and Urban Development, see Parts 1, 2, and 9 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -MISC2- ANNUAL REPORT ON AREAS OF PROGRAM ADMINISTRATION AND MANAGEMENT WHICH REQUIRE IMPROVEMENT Pub. L. 90-448, Sec. 5, Aug. 1, 1968, 82 Stat. 477, as amended by Pub. L. 91-609, title IX, Sec. 918, Dec. 31, 1970, 84 Stat. 1816, directed Secretary to report annually to Committees on Banking and Currency of House and Senate, identifying specific areas of program administration and management which require improvement, describing actions taken and proposed, and recommendations for legislation, prior to repeal by Pub. L. 93-608, Sec. 1(9), Jan. 2, 1975, 88 Stat. 1968. -EXEC- EXECUTIVE ORDER NO. 11196 Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171, which delegated functions to Housing and Home Finance Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. -FOOTNOTE- (!1) So in original. Probably should refer to the Director of the Office of Thrift Supervision. -End- -CITE- 12 USC Sec. 1701c-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701c-1. Omitted -COD- CODIFICATION Section, act June 24, 1954, ch. 359, title I, Sec. 101, 68 Stat. 283, provided for promotion of economy, efficiency and fidelity in operations of Housing and Home Finance Agency by its Administrator, on and after June 24, 1954, under Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees, through assignment and reassignment of functions, reorganizations, and reallocation and transfers of administrative expense funds and authority. Functions, powers, and duties of such agency, its head and other officers were transferred to and vested in the Secretary of Housing and Urban Development by Pub. L. 89-174, Sec. 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of Title 42, The Public Health and Welfare. -End- -CITE- 12 USC Sec. 1701d 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701d. Repealed. -MISC1- Sec. 1701d. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. Section, acts Aug. 10, 1948, ch. 832, title V, Sec. 501(a), 62 Stat. 1283; Oct. 15, 1949, ch. 695, Sec. 3, 63 Stat. 880, provided for compensation of Housing and Home Finance Administrator. -End- -CITE- 12 USC Secs. 1701d-1, 1701d-2 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Secs. 1701d-1, 1701d-2. Repealed. -MISC1- Secs. 1701d-1, 1701d-2. Repealed. Pub. L. 90-19, Secs. 6(i), 12(a), May 25, 1967, 81 Stat. 22, 23. Section 1701d-1, act July 15, 1949, ch. 338, title VI, Sec. 605, 63 Stat. 440, provided for appointment and duties of a Deputy Housing and Home Finance Administrator, including status of acting Administrator during absence, disability, or vacancy in office. Section 1701d-2, act Aug. 11, 1955, ch. 783, title I, Sec. 113, 69 Stat. 642, prescribed compensation of Community Facilities Commissioner at same rate established for heads of constituent agencies of the Housing and Home Finance Agency. See section 5315 of Title 5, Government Organization and Employees. Section was previously repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 658. -End- -CITE- 12 USC Sec. 1701d-3 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701d-3. Repealed. -MISC1- Sec. 1701d-3. Repealed. Pub. L. 91-609, title V, Sec. 503(3), Dec. 31, 1970, 84 Stat. 1785. Section, acts Aug. 7, 1956, ch. 1029, title VI, Sec. 602, 70 Stat. 1113; May 25, 1967, Pub. L. 90-19, Sec. 13(b), 81 Stat. 24; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(e), 84 Stat. 776, related to research and provided for: authorization for specific programs; contracts and working agreements, amount of authorization, appropriations, duration of contract, and unexpended balances of appropriations; dissemination of data; acquisition and use of data; and authority of Secretary. See sections 1701z-1 to 1701z-4 of this title. -End- -CITE- 12 USC Sec. 1701d-4 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701d-4. Exchange and assembly of housing and urban planning and development data; payment of expenses; acceptance of funds, services, facilities, materials, and other donations; approval of Secretary of State for international programs and activities -STATUTE- (a) The Secretary of Housing and Urban Development may exchange data relating to housing and urban planning and development with other nations and assemble such data from other nations, through participation in international conference and other means, where such exchange or assembly is deemed by him to be beneficial in carrying out his responsibilities under the Department of Housing and Urban Development Act [42 U.S.C. 3531 et seq.] or other legislation. In carrying out his responsibilities under this subsection the Secretary may - (1) pay the expenses of participation in activities conducted under authority of this section including, but not limited to, the compensation, travel expenses, and per diem in lieu of subsistence of persons serving in an advisory capacity while away from their homes or regular places of business in connection with attendance at international meetings and conferences, or other travel for the purpose of exchange or assembly of data relating to housing and urban planning and development; but such travel expenses shall not exceed those authorized for regular officers and employees traveling in connection with said activities; and (2) accept from international organizations, foreign countries, and private nonprofit foundations, funds, services, facilities, materials, and other donations to be utilized jointly in carrying out activities under this section. (b) International programs and activities carried out by the Secretary under the authority provided in subsection (a) of this section shall be subject to the approval of the Secretary of State for the purpose of assuring that such authority shall be exercised in a manner consistent with the foreign policy of the United States. -SOURCE- (Pub. L. 85-104, title VI, Sec. 604, July 12, 1957, 71 Stat. 305; Pub. L. 90-19, Sec. 14(b), May 25, 1967, 81 Stat. 24; Pub. L. 90- 448, title XVII, Sec. 1709, Aug. 1, 1968, 82 Stat. 606.) -REFTEXT- REFERENCES IN TEXT The Department of Housing and Urban Development Act, referred to in subsec. (a), is Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 667, as amended, which is classified generally to chapter 44 (Sec. 3531 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of Title 42 and Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1957, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1968 - Pub. L. 90-448 designated existing provisions as subsec. (a), inserted reference to assembly of data from other nations, and authorized payment of expenses of participation in activities conducted under authority of this section, and acceptance from international organizations, foreign countries, and private nonprofit foundations of funds, services, facilities, materials and other donations to be utilized jointly, and added subsec. (b). 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" and "Department of Housing and Urban Development" for "Housing and Home Finance Administrator" and "Housing and Home Finance Agency", respectively. -End- -CITE- 12 USC Secs. 1701e, 1701f 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Secs. 1701e, 1701f. Repealed. -MISC1- Secs. 1701e, 1701f. Repealed. Pub. L. 91-609, title V, Sec. 503(1), Dec. 31, 1970, 84 Stat. 1785. Section 1701e, acts Aug. 10, 1948, ch. 832, title III, Sec. 301, 62 Stat. 1276; July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat. 431; May 25, 1967, Pub. L. 90-19, Sec. 5(a), 81 Stat. 20; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(f), 84 Stat. 776, related to development and promotion by Secretary of new housing construction techniques, materials, and methods, and provided for: improvement and standardization of building codes, contracts for research and studies, publications, and consolidation of functions and activities; reports to President and Congress on urban and rural nonfarm needs; and surveys and plans by local communities and cooperation by Federal agencies. See sections 1701z-1 to 1701z-4 of this title. Section 1701f, acts Aug. 10, 1948, ch. 832, title III, Sec. 302, 62 Stat. 1276; July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat. 431; May 25, 1967, Pub. L. 90-19, Sec. 5(b), 81 Stat. 21, provided for utilization of other Federal agencies; cooperative studies with industry, labor, etc.; and exercise of powers by Secretary. See sections 1701z-1 to 1701z-4 of this title. -End- -CITE- 12 USC Sec. 1701f-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701f-1. Repealed. -MISC1- Sec. 1701f-1. Repealed. Pub. L. 90-19, Sec. 5(c), May 25, 1967, 81 Stat. 21. Section, act Aug. 10, 1948, ch. 832, title III, Sec. 304, as added July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat. 431, provided for appointment, powers, and compensation of a Director. Section was previously repealed by Pub. L. 89-534, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. -End- -CITE- 12 USC Secs. 1701g to 1701g-3 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Secs. 1701g to 1701g-3. Omitted -COD- CODIFICATION Sections 1701g to 1701g-3 were from sections 102 to 102c of the Housing Act of 1948, and provided for loans to aid production and distribution of prefabricated housing; provided for loans to assure maintenance of industrial capacity for production of such homes for national defense; provided for the powers of the Housing and Home Finance Administrator; and included mobile or portable houses within the term "prefabricated houses". Authority for issuance of section 1701g obligations under section 1(4) of Reorg. Plan No. 23 of 1950 as terminating June 30, 1954, see section 1701g-5 of this title. Authority to make or purchase section 1701g-1 loans or obligations as terminating July 31, 1954, see section 1591c of Title 42, The Public Health and Welfare. Section 1701g, act Aug. 10, 1948, ch. 832, title I, Sec. 102, 62 Stat. 1275, amended Sept. 1, 1951, ch. 378, title V, Sec. 501, 65 Stat. 311. Section 1701g-1, act Aug. 10, 1948, ch. 832, title I, Sec. 102a, added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312. Section 1701g-2, act Aug. 10, 1948, ch. 832, title I, Sec. 102b, added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312; amended July 14, 1952, ch. 723, Sec. 10(e), 66 Stat. 604. Section 1701g-3, act Aug. 10, 1948, ch. 832, title I, Sec. 102c, added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312. -End- -CITE- 12 USC Sec. 1701g-4 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701g-4. Omitted -COD- CODIFICATION Section, which placed restrictions on loans, was from the Independent Offices Appropriation Act, 1953, act July 5, 1952, ch. 578, title III, Sec. 301, 66 Stat. 415, and was not repeated in subsequent appropriation acts. -MISC1- SIMILAR PROVISIONS Similar provisions were contained in Aug. 31, 1951, ch. 376, title IV, Sec. 401, 65 Stat. 287. -End- -CITE- 12 USC Sec. 1701g-5 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701g-5. Revolving fund in connection with liquidating programs -STATUTE- There is established as of June 30, 1954, a revolving fund, and the Secretary of Housing and Urban Development is authorized to credit said fund with all moneys hereafter obtained or now held by him or by any constituent agency of the Department of Housing and Urban Development or any other official thereof, and to account under said fund for all assets and liabilities, in connection with (1) community facilities provided or assisted under title II of the Lanham Act, as amended [42 U.S.C. 1531 et seq.], or under title III of the Defense Housing and Community Facilities and Services Act of 1951, as amended [42 U.S.C. 1592 et seq.]; (2) loans or advances made pursuant to title V of the War Mobilization and Reconversion Act of 1944 (58 Stat. 791), or the Act of October 13, 1949; (3) functions transferred under Reorganization Plan No. 23 of 1950, or authorized under sections 102, 102a, 102b, and 102c of the Housing Act of 1948, as amended [12 U.S.C. 1701g to 1701g-3]; (4) notes or other obligations purchased pursuant to the Alaska Housing Act, as amended (48 U.S.C. 484(a)); (5) subsistence homesteads and greentowns (Acts of June 29, 1936, 49 Stat. 2035, and May 19, 1949, 63 Stat. 68); (6) public war housing under title I of the Lanham Act, as amended [42 U.S.C. 1521 et seq.], and defense housing under title III of the Defense Housing and Community Facilities and Services Act of 1951, as amended [42 U.S.C. 1592 et seq.]; and (7) veterans' re-use housing under title V of the Lanham Act, as amended [42 U.S.C. 1571 et seq.]: Provided, That said fund shall be available for all necessary expenses (including administrative expenses) in connection with the liquidation of the programs carried out pursuant to the foregoing provisions of law, including operation, maintenance, improvement, or disposition of facilities, and for disbursements pursuant to outstanding commitments against moneys herein authorized to be credited to said fund, repayment of obligations to the Treasury, and refinancing and refunding operations on existing loans: Provided further, That any amount in said fund which is determined to be in excess of requirements for the purposes hereof shall be declared and paid as liquidating dividends to the Treasury not less often than annually: Provided further, That after June 24, 1954, no additional notes or obligations shall be purchased from funds appropriated pursuant to the Alaska Housing Act, as amended (48 U.S.C. 484(d)), except for the furtherance or refinancing of an existing loan: Provided further, That except for extensions, or refinancing, of existing obligations the authority to issue obligations to the Secretary of the Treasury under section 1(4) of Reorganization Plan No. 23 of 1950, shall terminate on June 30, 1954. -SOURCE- (June 24, 1954, ch. 359, title II, Sec. 201, 68 Stat. 295.) -REFTEXT- REFERENCES IN TEXT The Lanham Act, as amended, referred to in cls. (1), (6), and (7), is act Oct. 14, 1940, ch. 862, 54 Stat. 1125, as amended, known as the Lanham Public War Housing Act. Title I of the Lanham Act is classified generally to subchapter II (Sec. 1521 et seq.) of chapter 9 of Title 42, The Public Health and Welfare. Titles II and V of the Lanham Act were classified to subchapters III (Sec. 1531 et seq.) and VI (Sec. 1571 et seq.), respectively, of chapter 9 of Title 42, and were omitted from the Code. For further details, see References in Text note set out under section 1522 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 42 and Tables. The Defense Housing and Community Facilities and Services Act, as amended, referred to in cls. (1) and (6), is act Sept. 1, 1951, ch. 378, 65 Stat. 293, as amended. Title III of the Act is classified generally to subchapter IX (Sec. 1592 et seq.) of chapter 9 of Title 42. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under section 1501 of Title 42 and Tables. The War Mobilization and Reconversion Act of 1944, referred to in cl. (2), is act Oct. 3, 1944, ch. 480, 58 Stat. 785, as amended, which was classified to section 1651 et seq. of Title 50, Appendix, War and National Defense, and which has been omitted from the Code. Title V of the War Mobilization and Reconversion Act of 1944 was classified to section 1671 of Title 50, Appendix. For complete classification of this Act to the Code, see Tables. Act of October 13, 1949, referred to in cl. (2), is act Oct. 13, 1949, ch. 685, 63 Stat. 841, as amended, which was classified generally to subchapter I (Sec. 451 et seq.) of chapter 9 of former Title 40, Public Buildings, Property, and Works. Sections 1-5, 7, and 8 of the Act were repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 6 of the Act was repealed by act Aug. 2, 1954, ch. 649, title VIII, Sec. 802(b), 68 Stat. 642. See section 1701o of this title. Reorganization Plan No. 23 of 1950, referred to in cl. (3) and in the last proviso, is set out in the Appendix to Title 5, Government Organization and Employees. The Alaska Housing Act, as amended, referred to in cl. (3) and in the third proviso, is act Apr. 23, 1949, ch. 89, 63 Stat. 57, as amended, which was classified principally to sections 484 to 484d of Title 48, Territories and Insular Possessions and was omitted from the Code, except for section 2(a) of the Act, which added section 214 to the National Housing Act and which is classified to section 1715d of this title. For complete classification of this Act to the Code, see Tables. Act June 29, 1936, 49 Stat. 2035, referred to in cl. (5), which related to resettlement or rural rehabilitation projects, and which was classified to sections 431 to 434 of former Title 40, Public Buildings, Property, and Works, was repealed by act Aug. 14, 1946, ch. 964, Sec. 2(a)(1), 60 Stat. 1062. See chapter 50 (Sec. 1921 et seq.) of Title 7, Agriculture. Act May 19, 1949, 63 Stat. 68, referred to in cl. (5), authorized the sale, without competitive bidding, of certain resettlement projects in Maryland, Wisconsin, and Ohio, and was not classified to the Code. -COD- CODIFICATION Section was enacted as a part of title II of the Independent Offices Appropriation Act, 1955, and not as part of the National Housing Act which comprises this chapter. The third and last provisos contained in the original have been omitted from this section. Those provisos contained limitations on amounts available during fiscal year 1955 for certain administrative and other expenses. Similar or related limitations were contained in the following prior appropriation acts: Oct. 17, 1975, Pub. L. 94-116, title I, 89 Stat. 583. Sept. 6, 1974, Pub. L. 93-414, title I, 88 Stat. 1096. Oct. 26, 1973, Pub. L. 93-137, title I, 87 Stat. 492. Aug. 14, 1972, Pub. L. 92-383, title I, 86 Stat. 541. Aug. 10, 1971, Pub. L. 92-78, title I, 85 Stat. 273. Dec. 17, 1970, Pub. L. 91-556, title IV, 84 Stat. 1462. Nov. 16, 1969, Pub. L. 91-126, title III, 83 Stat. 241. Oct. 4, 1968, Pub. L. 90-550, title III, 82 Stat. 955. Nov. 3, 1967, Pub. L. 90-121, title II, 81 Stat. 359. Sept. 6, 1966, Pub. L. 89-555, title II, 80 Stat. 686. Aug. 16, 1965, Pub. L. 89-128, title II, 79 Stat. 541. Aug. 30, 1964, Pub. L. 88-507, title II, 78 Stat. 664. Dec. 19, 1963, Pub. L. 88-215, title II, 77 Stat. 446. Oct. 3, 1962, Pub. L. 87-741, title II, 76 Stat. 738. Aug. 17, 1961, Pub. L. 87-141, title II, 75 Stat. 362. July 12, 1960, Pub. L. 86-626, title II, 74 Stat. 443. Sept. 14, 1959, Pub. L. 86-255, title II, 73 Stat. 516. Aug. 28, 1958, Pub. L. 85-844, title II, 72 Stat. 1080. June 29, 1957, Pub. L. 85-69, title II, 71 Stat. 240. June 27, 1956, ch. 452, title II, 70 Stat. 354. May 19, 1956, ch. 313, Ch. V, 70 Stat. 166. June 30, 1955, ch. 244, title II, 69 Stat. 213. -TRANS- TRANSFER OF FUNCTIONS Functions of Housing and Home Finance Agency and Administrator thereof transferred to Secretary of Housing and Urban Development by section 5(a) of Department of Housing and Urban Development Act (Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 669) which is classified to section 3534(a) of Title 42, The Public Health and Welfare. -End- -CITE- 12 USC Sec. 1701g-5a 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701g-5a. Transfer of New Communities Fund assets and liabilities -STATUTE- The Secretary shall transfer all assets and liabilities of the fund established pursuant to section 717 of the Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4518), to the Revolving fund (liquidating programs) established pursuant to title II of the Independent Offices Appropriation Act, 1955, as amended (12 U.S.C. 1701g-5). -SOURCE- (Pub. L. 98-45, title I, Sec. 101, July 12, 1983, 97 Stat. 223.) -REFTEXT- REFERENCES IN TEXT Section 717 of the Housing and Urban Development Act of 1970, as amended (42 U.S.C. 4518), referred to in text, was repealed by Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239, but remaining in effect until completion of the transfer required in title I of the Department of Housing and Urban Development- Independent Agencies Appropriation Act, 1984. The Independent Offices Appropriation Act, 1955, as amended, referred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272, as amended. Provisions of title II of this Act relating to the establishment of the revolving fund (liquidating programs) are classified to section 1701g-5 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701g-5b 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701g-5b. Liquidation of New Communities Program; cancellation of debt -STATUTE- (a) Law applicable In order to provide for the management and orderly liquidation of the assets, and discharge the liabilities, acquired or incurred in connection with the new communities program authorized pursuant to title IV of the Housing and Urban Development Act of 1968 [42 U.S.C. 3901 et seq.] and title VII of the Housing and Urban Development Act of 1970 [42 U.S.C. 4501 et seq.] (hereafter referred to in this section as "title IV" and "title VII", respectively), the liquidation of the new communities program shall be carried out pursuant to the provisions of law applicable to the revolving fund (liquidating programs) established pursuant to title II of the Independent Offices Appropriations Act, 1955 [12 U.S.C. 1701g-5], upon the transfer by the Secretary of Housing and Urban Development (hereafter in this section referred to as the "Secretary") of the assets and liabilities of the fund authorized under section 717 of title VII [42 U.S.C. 4518] to such revolving fund, as required in title I of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984 [12 U.S.C. 1701g-5a]. The Secretary shall report to the Congress not less than sixty days prior to taking any action with respect to the disposition of real property (other than a purchase money mortgage) which involves any further potential liability of or assistance from the Department of Housing and Urban Development with respect to any property so transferred. (b) Availability of revolving fund moneys for administrative and other expenses In carrying out the purposes of subsection (a) of this section, all moneys in the revolving fund (liquidating programs) shall be available for necessary administrative and other expenses of servicing and liquidating obligations guaranteed pursuant to section 403 and section 713 of title IV and title VII, respectively [42 U.S.C. 3902, 4514], including costs of services (including legal services) performed on a contract or fee basis, and to discharge any other liability acquired or incurred in connection with the new communities program. Notwithstanding any other provision of law relating to the acquisition, handling, improvement, or disposal of real and other property by the United States, the Secretary of Housing and Urban Development shall also have power, for the protection of the interests of the revolving fund (liquidating programs), to pay out of any moneys in such fund all expenses or charges in connection with the acquisition, handling, improvement, or disposal of any property, real or personal, acquired by the Secretary either prior or subsequent to November 30, 1983, as a result of recoveries under security, subrogation, or other rights in connection with the new communities program. (c) Issuance of obligations to Secretary of the Treasury After making the transfer required in title I of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984 [12 U.S.C. 1701g-5a], the Secretary of Housing and Urban Development may issue obligations to the Secretary of the Treasury in an amount sufficient to enable the Secretary of Housing and Urban Development to satisfy any guarantee made pursuant to section 403 or 713 of title IV or title VII, respectively [42 U.S.C. 3902, 4514], and otherwise carry out the functions authorized by this section. The obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations so issued, and for that purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include purchases of obligations issued under this subsection. (d) Cancellation of obligations Upon the transfer required in title I of the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984 [12 U.S.C. 1701g-5a], each obligation issued by the Secretary of Housing and Urban Development to the Secretary of the Treasury pursuant to section 407(a) or 717(b) of title IV or title VII, respectively [42 U.S.C. 3906(a), 4518(b)], together with any promise to repay the principal and unpaid interest which has accrued on each obligation, and any other term or condition specified by each such obligation, is canceled. -SOURCE- (Pub. L. 98-181, title IV, Sec. 474(a)-(d), Nov. 30, 1983, 97 Stat. 1238, 1239.) -REFTEXT- REFERENCES IN TEXT The Housing and Urban Development Act of 1968, referred to in subsec. (a), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as amended. Title IV of the Housing and Urban Development Act, which was classified to chapter 48 (Sec. 3901 et seq.) of Title 42, The Public Health and Welfare, was repealed, with certain exceptions which were omitted from the Code, by Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239. Sections 403 and 407 of the Housing and Urban Development Act of 1968 were classified to sections 3902 and 3906, respectively, of Title 42, and were repealed by section 474(e) of Pub. L. 98-181. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 1701 of this title and Tables. The Housing and Urban Development Act of 1970, referred to in subsec. (a), is Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1770, as amended. Title VII of the Housing and Urban Development Act of 1970, known as the Urban Growth and New Community Development Act of 1970, is classified principally to chapter 59 (Sec. 4501 et seq.) of Title 42. Sections 713 and 717 of the Housing and Urban Development Act of 1970 were classified to sections 4514 and 4518, respectively, of Title 42, and were repealed by Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1701 of this title and Tables. The Independent Offices Appropriation Act, 1955, as amended, referred to in subsec. (a), is act June 24, 1954, ch. 359, 68 Stat. 272, as amended. Provisions of title II of this Act relating to the establishment of the revolving fund (liquidating programs) are classified to section 1701g-5 of this title. For complete classification of this Act to the Code, see Tables. The Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984, referred to in subsecs. (a), (c), and (d), is Pub. L. 98-45, July 12, 1983, 97 Stat. 219. Provisions of title I of this Act requiring the transfer of assets and liabilities to the revolving fund (liquidating programs) are classified to section 1701g-5a of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban-Rural Recovery Act of 1983 and also as part of the Domestic Housing and International Recovery and Financial Stability Act, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701g-5c 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701g-5c. Transfer of rehabilitation loan fund assets and liabilities -STATUTE- Notwithstanding section 289(c) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625), the assets and liabilities of the revolving fund established by section 1452b (!1) of title 42, and any collections, including repayments or recaptured amounts, of such fund shall be transferred to and merged with the Revolving Fund (liquidating programs), established pursuant to title II of the Independent Offices Appropriation Act, 1955, as amended (12 U.S.C. 1701g-5), effective October 1, 1991. -SOURCE- (Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 752.) -REFTEXT- REFERENCES IN TEXT Section 289(c) of the Cranston-Gonzalez National Affordable Housing Act (Pub. L. 101-625), referred to in text, is not classified to the Code. Section 1452b of title 42, referred to in text, was repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990, 104 Stat. 4128. The Independent Offices Appropriation Act, 1955, as amended, referred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272, as amended. Provisions of title II of this Act relating to the establishment of the revolving fund (liquidating programs) are classified to section 1701g-5 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, and not as part of the National Housing Act which comprises this chapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 12 USC Sec. 1701h 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701h. Advisory committees; payment of transportation and other expenses -STATUTE- The Secretary of Housing and Urban Development is authorized to establish such advisory committee or committees as he may deem necessary in carrying out any of his functions, powers, and duties under this or any other Act or authorization. Persons serving without compensation as members of any such committee may be paid transportation expenses and not to exceed $25 per diem in lieu of subsistence, as authorized by section 5703 of title 5. -SOURCE- (July 15, 1949, ch. 338, title VI, Sec. 601, 63 Stat. 439; Aug. 2, 1954, ch. 649, title VIII, Sec. 807, 68 Stat. 645; Pub. L. 89-117, title XI, Sec. 1106, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90-19, Sec. 6(h), May 25, 1967, 81 Stat. 22; Pub. L. 98-479, title II, Sec. 202(c), Oct. 17, 1984, 98 Stat. 2228.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, known as the Housing Act of 1949, which is classified principally to chapter 8A (Sec. 1441 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1949, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1984 - Pub. L. 98-479 substituted "section 5703 of title 5" for "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)". 1967 - Pub. L. 90-19 substituted "The Secretary of Housing and Urban Development" and "he" for "The Housing and Home Finance Administrator and the head of each constituent agency of the Housing and Home Finance Agency" and "each", respectively. 1965 - Pub. L. 89-117 struck out provision that declared inapplicable the conflict-of-interest statutes in the case of members of advisory committees. 1954 - Act Aug. 2, 1954, permitted heads of constituent agencies of the Housing and Home Finance Agency to establish advisory committees, inserted provisions relating to inapplicability of the conflict-of-interest statutes with respect to committee members serving without compensation, and inserted provisions relating to payment of expenses. TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -EXEC- EX. ORD. NO. 10486. ADVISORY COMMITTEE ON GOVERNMENT HOUSING POLICIES AND PROGRAMS Ex. Ord. No. 10486, Sept. 12, 1953, 18 F.R. 5561, provided: 1. There shall be established the Advisory Committee on Government Housing Policies and Programs. 2. The Committee shall make, or cause to be made, studies and surveys of the housing policies and programs of the Government and the organization within the Executive Branch for the administration of such policies and programs, and shall advise the Housing and Home Finance Administrator and the President with respect thereto. 3. The Housing and Home Finance Administrator shall serve as the Chairman of the Committee, and the other members of the Committee shall be appointed pursuant to the provisions of this Executive Order and Section 601 of the Housing Act of 1949 (63 Stat. 439) [this section]. 4. To work directly with the Housing and Home Finance Administrator in the task of directing specific studies and surveys and developing concrete recommendations, there shall be in the Committee an Executive Committee, consisting of members of the Committee designated for such purpose, and the Housing and Home Finance Administrator shall serve as the Chairman of such Executive Committee. 5. Administrative expenses in connection with the work of the Committee, including expenses of advisers and consultants appointed by the Chairman in connection therewith, shall, upon authorization therefor by the Chairman or his delegate, be paid pursuant to the authority therefor under the heading, "Housing and Home Finance Agency, Office of the Administrator" in the Supplemental Appropriation Act, 1954 (Public Law 207, Eighty-third Congress, approved August 7, 1953). Dwight D. Eisenhower. -End- -CITE- 12 USC Sec. 1701h-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701h-1. Housing for elderly persons advisory committee -STATUTE- The Secretary of Housing and Urban Development shall establish, in accordance with the provisions of section 1701h of this title, an advisory committee on matters relating to housing for elderly persons. -SOURCE- (Aug. 7, 1956, ch. 1029, title I, Sec. 104(d), 70 Stat. 1093; Pub. L. 90-19, Sec. 13(a), May 25, 1967, 81 Stat. 24.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1956, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" for "Housing and Home Finance Administrator". TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 12 USC Secs. 1701i, 1701i-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Secs. 1701i, 1701i-1. Omitted -MISC1- Section 1701i, act July 15, 1949, ch. 338, title VI, Sec. 603, 63 Stat. 440; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, included the Secretary of Labor and the Secretary of Health, Education, and Welfare or their designees in the membership of the National Housing Council of the Housing and Home Finance Agency. Section 1701i-1, act Sept. 1, 1951, ch. 378, title VI, Sec. 615, 65 Stat. 317, included the Secretary of Defense or his designee and excluded the Chairman of Board of Directors of Reconstruction Finance Corporation or his designee from National Housing Council membership. -End- -CITE- 12 USC Sec. 1701j 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701j. Repealed. -MISC1- Sec. 1701j. Repealed. Aug. 2, 1954, ch. 649, title VIII, Sec. 813, 68 Stat. 647. Section, acts Apr. 20, 1950, ch. 94, title V, Sec. 504, 64 Stat. 81; Sept. 1, 1951, ch. 378, title VI, Sec. 613(a), 65 Stat. 316; June 30, 1953, ch. 170, Sec. 23, 67 Stat. 127, related to control of charges and fees, imposed by lenders upon builders and purchasers in connection with home loans, by the Federal Housing Commissioner and the Administrator of Veterans' Affairs. Sections 1, 509, and 510 of act Apr. 20, 1950, were formerly set out as notes under this section. See notes under section 1701k of this title. -End- -CITE- 12 USC Sec. 1701j-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701j-1. Builder's certification as to construction -STATUTE- (a) Warranty requirements The Secretary of Housing and Urban Development is authorized and directed to require that, in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is approved for mortgage insurance prior to the beginning of construction, the seller or builder, and such other person as may be required by the said Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary of Housing and Urban Development) on which the Secretary of Housing and Urban Development based his valuation of the dwelling: Provided, That the Secretary of Housing and Urban Development shall deliver to the builder, seller, or other warrantor his written approval (which shall be conclusive evidence of such approval) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications: Provided further, That such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided herein, by the Secretary of Housing and Urban Development) as to which the purchaser or homeowner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupancy of, the dwelling, whichever first occurs: Provided further, That such warranty shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument: And provided further, That the provisions of this section shall apply to any such property covered by a mortgage insured by the Secretary of Housing and Urban Development on and after October 1, 1954, unless such mortgage is insured pursuant to a commitment therefor made prior to October 1, 1954. (b) Availability of plans and specifications The Secretary of Housing and Urban Development is further directed to permit copies of the plans and specifications (including written approvals of any amendments thereof, or changes or variations therein, as provided herein) for dwellings in connection with which warranties are required by subsection (a) of this section to be made available in their appropriate local offices for inspection or for copying by any purchaser, homeowner, or warrantor during such hours or periods of time as the said Secretary may determine to be reasonable. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 801, 68 Stat. 642; Pub. L. 85-857, Sec. 13(s)(2), Sept. 2, 1958, 72 Stat. 1266; Pub. L. 90-19, Sec. 10(e), May 25, 1967, 81 Stat. 22.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1954, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1967 - Subsecs. (a), (b). Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" and "Secretary" for "Federal Housing Commissioner" and "Commissioner", respectively. 1958 - Subsec. (a). Pub. L. 85-857 struck out provisions that related to Administrator of Veterans' Affairs and to mortgages guaranteed by him. Subsec. (b). Pub. L. 85-857 struck out provisions that related to Administrator of Veterans' Affairs. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as an Effective Date note preceding part 1 of Title 38, Veterans' Benefits. STUDY REGARDING HOME WARRANTY PLANS Pub. L. 102-550, title V, Sec. 514, Oct. 28, 1992, 106 Stat. 3789, directed Secretary of Housing and Urban Development to conduct a study of home and builder's warranties and protection plans regarding construction of, and materials used in, 1- to 4- family dwellings subject to mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), and submit a report to Congress regarding findings of the study and any recommendations of the Secretary resulting from the study, not later than the expiration of the 12-month period beginning on Oct. 28, 1992. -End- -CITE- 12 USC Sec. 1701j-2 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701j-2. National Institute of Building Sciences -STATUTE- (a) Congressional findings and declaration of purpose (1) The Congress finds (A) that the lack of an authoritative national source to make findings and to advise both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provision for use in Federal, State, and local housing and building regulations is an obstacle to efforts by and imposes severe burdens upon all those who procure, design, construct, use, operate, maintain, and retire physical facilities, and frequently results in the failure to take full advantage of new and useful developments in technology which could improve our living environment; (B) that the establishment of model buildings codes or of a single national building code will not completely resolve the problem because of the difficulty at all levels of government in updating their housing and building regulations to reflect new developments in technology, as well as the irregularities and inconsistencies which arise in applying such requirements to particular localities or special local conditions; (C) that the lack of uniform housing and building regulatory provisions increases the costs of construction and thereby reduces the amount of housing and other community facilities which can be provided; and (D) that the existence of a single authoritative nationally recognized institution to provide for the evaluation of new technology could facilitate introduction of such innovations and their acceptance at the Federal, State, and local levels. (2) The Congress further finds, however, that while an authoritative source of technical findings is needed, various private organizations and institutions, private industry, labor, and Federal and other governmental agencies and entities are presently engaged in building research, technology development, testing, and evaluation, standards and model code development and promulgation, and information dissemination. These existing activities should be encouraged and these capabilities effectively utilized wherever possible and appropriate to the purposes of this section. (3) The Congress declares that an authoritative nongovernmental instrument needs to be created to address the problems and issues described in paragraph (1), that the creation of such an instrument should be initiated by the Government, with the advice and assistance of the National Academy of Sciences-National Academy of Engineering-National Research Council (hereinafter referred to as the "Academies-Research Council") and of the various sectors of the building community, including labor and management, technical experts in building science and technology, and the various levels of government. (b) Establishment; advice and assistance of Academies-Research Council and other agencies and organizations knowledgeable in building technology (1) There is authorized to be established, for the purposes described in subsection (a)(3) of this section, an appropriate nonprofit, nongovernmental instrument to be known as the National Institute of Building Sciences (hereinafter referred to as the "Institute"), which shall not be an agency or establishment of the United States Government. The Institute shall be subject to the provisions of this section and, to the extent consistent with this section, to a charter of the Congress if such a charter is requested and issued or to the District of Columbia Nonprofit Corporation Act if that is deemed preferable. (2) The Academies-Research Council, along with other agencies and organizations which are knowledgeable in the field of building technology, shall advise and assist in (A) the establishment of the Institute; (B) the development of an organizational framework to encourage and provide for the maximum feasible participation of public and private scientific, technical, and financial organizations, institutions, and agencies now engaged in activities pertinent to the development, promulgation, and maintenance of performance criteria, standards, and other technical provisions for building codes and other regulations; and (C) the promulgation of appropriate organizational rules and procedures including those for the selection and operation of a technical staff, such rules and procedures to be based upon the primary object of promoting the public interest and insuring that the widest possible variety of interests and experience essential to the functions of the Institute are represented in the Institute's operations. Recommendations of the Academies-Research Council shall be based upon consultations with and recommendations from various private organizations and institutions, labor, private industry, and governmental agencies entities operating in the field, and the Consultative Council as provided for under subsection (c)(8) of this section. (3) Nothing in this section shall be construed as expressing the intent of the Congress that the Academies-Research Council itself be required to assume any function or operation vested in the Institute by or under this section. (c) Board of Directors; number; appointment; membership; terms of office; vacancies; appointment, etc., of Chairman and Vice Chairman; employees of United States; travel and subsistence expenses; appointment and compensation of president and other executive officers and employees; establishment, membership, and functions of Consultative Council (1) The Institute shall have a Board of Directors (hereinafter referred to as the "Board") consisting of not less than fifteen nor more than twenty-one members, appointed by the President of the United States by and with the advice and consent of the Senate. The Board shall be representative of the various segments of the building community, of the various regions of the country, and of the consumers who are or would be affected by actions taken in the exercise of the functions and responsibilities of the Institute, and shall include (A) representatives of the construction industry, including representatives of construction labor organizations, product manufacturers, and builders, housing management experts, and experts in building standards, codes, and fire safety, and (B) members representative of the public interest in such numbers as may be necessary to assure that a majority of the members of the Board represent the public interest and that there is adequate consideration by the Institute of consumer interests in the exercise of its functions and responsibilities. Those representing the public interest on the Board shall include architects, professional engineers, officials of Federal, State, and local agencies, and representatives of consumer organizations. Such members of the Board shall hold no financial interest or membership in, nor be employed by, or receive other compensation from, any company, association, or other group associated with the manufacture, distribution, installation, or maintenance of specialized building products, equipment, systems, subsystems, or other construction materials and techniques for which there are available substitutes. (2) The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish the Institute as provided for under subsection (b)(1) of this section. (3) The term of office of each member of the initial and succeeding Boards shall be three years; except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. No member shall be eligible to serve in excess of three consecutive terms of three years each. Notwithstanding the preceding provisions of this subsection, a member whose term has expired may serve until his successor has qualified. (4) Any vacancy in the initial and succeeding Boards shall not affect its power, but shall be filled in the manner in which the original appointments were made, or, after the first five years of operation, as provided for by the organizational rules and procedures of the Institute; 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. (5) The President shall designate one of the members appointed to the initial Board as Chairman; thereafter, the members of the initial and succeeding Boards shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of their Members as Vice Chairman. Terms of the Chairman and Vice Chairman shall be for one year and no individual shall serve as Chairman or Vice Chairman for more than two consecutive terms. (6) The members of the initial or succeeding Boards shall not, by reason of such membership, be deemed to be employees of the United States Government. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Board pursuant to this section, be entitled to receive compensation at the rate of $100 per day including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized under section 5703 of title 5, for persons in the Government service employed intermittently. (7) The Institute shall have a president and such other executive officers and employees as may be appointed by the Board at rates of compensation fixed by the Board. No such executive officer or employee may receive any salary or other compensation from any source other than the Institute during the period of his employment by the Institute. (8) The Institute shall establish, with the advice and assistance of the Academies-Research Council and other agencies and organizations which are knowledgeable in the field of building technology, a Consultative Council, membership in which shall be available to representatives of all appropriate private trade, professional, and labor organizations, private and public standards, code, and testing bodies, public regulatory agencies, and consumer groups, so as to insure a direct line of communication between such groups and the Institute and a vehicle for representative hearings on matters before the Institute. (d) Financial restrictions and prohibitions (1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or other individual except as salary or reasonable compensation for services. (3) The Institute shall not contribute to or otherwise support any political party or candidate for elective public office. (e) Exercise of functions and responsibilities (1) The Institute shall exercise its functions and responsibilities in four general areas, relating to building regulations, as follows: (A) Development, promulgation, and maintenance of nationally recognized performance criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption by building regulating jurisdictions and agencies, including test methods and other evaluative techniques relating to building systems, subsystems, components, products, and materials with due regard for consumer problems. (B) Evaluation and prequalification of existing and new building technology in accordance with subparagraph (A). (C) Conduct of needed investigations in direct support of subparagraphs (A) and (B). (D) Assembly, storage, and dissemination of technical data and other information directly related to subparagraphs (A), (B), and (C). (2) The Institute in exercising its functions and responsibilities described in paragraph (1) shall assign and delegate, to the maximum extent possible, responsibility for conducting each of the needed activities described in paragraph (1) to one or more of the private organizations, institutions, agencies, and Federal and other governmental entities with a capacity to exercise or contribute to the exercise of such responsibility, monitor the performance achieved through assignment and delegation, and, when deemed necessary, reassign and delegate such responsibility. (3) The Institute in exercising its functions and responsibilities under paragraphs (1) and (2) shall (A) give particular attention to the development of methods for encouraging all sectors of the economy to cooperate with the Institute and to accept and use its technical findings, and to accept and use the nationally recognized performance criteria, standards, and other technical provisions developed for use in Federal, State, and local building codes and other regulations which result from the program of the Institute; (B) seek to assure that its actions are coordinated with related requirements which are imposed in connection with community and environmental development generally; and (C) consult with the Department of Justice and other agencies of government to the extent necessary to insure that the national interest is protected and promoted in the exercise of its functions and responsibilities. (f) Contract and grant authorization; donations; fees; amounts received in addition to amounts appropriated (1) The Institute is authorized to accept contracts and grants from Federal, State, and local governmental agencies and other entities, and grants and donations from private organizations, institutions, and individuals. (2) The Institute may, in accordance with rates and schedules established with guidance as provided under subsection (b)(2) of this section, establish fees and other charges for services provided by the Institute or under its authorization. (3) Amounts received by the Institute under this section shall be in addition to any amounts which may be appropriated to provide its initial operating capital under subsection (h) of this section. (g) Technical findings and performance criteria and standards; applicability and use by Federal departments, agencies, and establishments, and State and local governments; supporting grants and contracts (1) Every department, agency, and establishment of the Federal Government, in carrying out any building or construction, or any building- or construction-related programs, which involves direct expenditures, and in developing technical requirements for any such building or construction, shall be encouraged to accept the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute, which may be applicable. (2) All projects and programs involving Federal assistance in the form of loans, grants, guarantees, insurance, or technical aid, or in any other form, shall be encouraged to accept, use, and comply with any of the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building codes and other regulations brought about by the Institute, which may be applicable to the purposes for which the assistance is to be used. (3) Every department, agency, and establishment of the Federal Government having responsibility for building or construction, or for building- or construction-related programs, is authorized and encouraged to request authorization and appropriations for grants to the Institute for its general support, and is authorized to contract with and accept contracts from the Institute for specific services where deemed appropriate by the responsible Federal official involved. (4) The Institute shall establish and carry on a specific and continuing program of cooperation with the States and their political subdivisions designed to encourage their acceptance of its technical findings and of nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute. Such program shall include (A) efforts to encourage any changes in existing State and local law to utilize or embody such findings and regulatory provisions; and (B) assistance to States in the development of inservice training programs for building officials, and in the establishment of fully staffed and qualified State technical agencies to advise local officials on questions of technical interpretation. (h) Advanced Building Technology Program (1) Establishment of Advanced Building Technology Council There is established within the Institute, the Advanced Building Technology Council (hereafter referred to as the "Council"). (2) Purposes The Council shall carry out an Advanced Building Technology Program for the purposes of - (A) identifying, selecting, and evaluating existing and new building technologies, including energy cost savings technologies, that conform to recognized performance criteria and meet applicable test standards for maintenance of life, safety, health, and public welfare when used in occupied buildings; (B) to the extent necessary, developing criteria for the use of such technology; (C) conducting economic analyses of proposed new technologies when produced and installed in buildings at volumes associated with comparable conventional technologies; (D) in cooperation with the appropriate Federal agencies, advising building designers, installers, subcontractors, contractors and supervisory officials on the appropriate design and use of new building technology incorporated in federally owned or operated buildings; (E) in cooperation with the appropriate Federal agencies, monitoring and evaluating the performance of new building technologies for at least 1 year after installation and building occupancy; and (F) disseminating resulting data to affected parties through automated information management systems. (3) Council membership The Council shall be comprised of not less than 6 and not more than 11 members selected by the Secretary of Housing and Urban Development from among representatives of the various segments of the nationwide building community that have extensive experience in building industries, including, but not limited to - (A) product manufacturers; (B) experts in the fields of health, fire hazards, and safety; and (C) independent representatives of the public interest such as architects, professional engineers, and representatives of consumer organizations, except that serving members of the National Institute of Building Sciences Advisory Council shall not be eligible to serve simultaneously on the Council. (4) Federal participation (A) In general Any agency of the Federal Government involved in any building or construction may participate in the Advanced Building Technology Program with the Council to develop and implement programs to incorporate one or more of the recommended new technologies in a new or existing building within the agency. (B) Required assurances Upon agreement between a participating Federal agency and the Council, with respect to the selection of the appropriate technology and the schedule of necessary work, the Council shall - (i) provide the Federal agency with a 5-year guarantee from the technology manufacturer that - (I) all necessary corrections to the technology will be made in the design, installation, and maintenance of the technology; (II) all malfunctions will be repaired without delay; and (III) the technology manufacturer will be responsible for removal of the technology in the event of its failure to perform as required; (ii) provide the Federal agency and its officials responsible for constructing or renovating buildings utilizing the new technology, as well as the designers, installers, subcontractors, and contractors responsible for the design, construction, or renovation of the buildings utilizing such technology with the technical information necessary to ensure its most appropriate use, (iii) in cooperation with the Federal agency, monitor and evaluate the performance of the new technology, and (iv) prepare reports to be made available to public agencies at all levels of government, the industry, and the public on the performance of the new technology. (5) Report to the Institute The Council shall submit to the Institute annually a description of its activities under the Advanced Building Technology Program for inclusion in the Institute's annual report to the Congress under subsection (j) of this section. (i) Authorization of appropriations There is authorized to be appropriated to the Institute not to exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the fiscal year 1976, and $5,000,000 for each of the fiscal years 1977 and 1978, and any amounts not appropriated in fiscal years 1977 and 1978 may be appropriated in any fiscal year through 1984 (with not more than $500,000 to be appropriated for each of the fiscal years 1982, 1983, and 1984 and with each appropriation to be available until expended), to provide the Institute with initial capital adequate for the exercise of its functions and responsibilities during such years; and thereafter the Institute shall be financially self-sustaining through the means described in subsection (f) of this section. In addition to the amounts authorized to be appropriated under the first sentence of this section, there are authorized to be appropriated to the Institute to carry out the provisions of this section not to exceed $512,000 for fiscal year 1991 and $534,000 for fiscal year 1992. Any amount appropriated under the preceding sentence shall be made available for expenditure or obligation by the Institute only to the extent of an equal amount received by the Institute after November 30, 1983, from persons or entities other than the Federal Government. (j) Annual report to President for transmittal to Congress; contents The Institute shall submit an annual report for the preceding fiscal year to the President for transmittal to the Congress within sixty days of its receipt. The report shall include a comprehensive and detailed report of the Institute's operations, activities, financial condition, and accomplishments under this section and may include such recommendations as the Institute deems appropriate. -SOURCE- (Pub. L. 93-383, title VIII, Sec. 809, Aug. 22, 1974, 88 Stat. 729; Pub. L. 94-375, Sec. 24, Aug. 3, 1976, 90 Stat. 1078; Pub. L. 95- 557, title III, Sec. 319, Oct. 31, 1978, 92 Stat. 2101; Pub. L. 97- 35, title III, Sec. 339E, Aug. 13, 1981, 95 Stat. 417; Pub. L. 98- 181, title IV, Sec. 462, Nov. 30, 1983, 97 Stat. 1232; Pub. L. 100- 242, title V, Sec. 570(f), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 101-625, title IX, Sec. 952(a), Nov. 28, 1990, 104 Stat. 4418; Pub. L. 102-550, title IX, Sec. 904(a), Oct. 28, 1992, 106 Stat. 3868.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Nonprofit Corporation Act, referred to in subsec. (b)(1), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as amended, which is not classified to the Code. -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1974, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1992 - Subsecs. (h) to (j). Pub. L. 102-550 added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively. 1990 - Subsec. (h). Pub. L. 101-625 amended second sentence generally. Prior to amendment, second sentence read as follows: "In addition to the amounts authorized to be appropriated under the first sentence of this section, there is authorized to be appropriated to the Institute to carry out the provisions of this section not to exceed $250,000 for fiscal year 1984." 1988 - Subsec. (g)(4). Pub. L. 100-242, Sec. 570(f)(1), substituted "of its" for "and its". Subsec. (h). Pub. L. 100-242, Sec. 570(f)(2), substituted "preceding" for "preceeding". 1983 - Subsec. (h). Pub. L. 98-181 inserted provisions relating to the appropriation of not to exceed $250,000 for fiscal 1984, such amount to be made available for expenditure only to the extent of an equal amount received from persons or entities other than the Federal Government. 1981 - Subsec. (c)(4). Pub. L. 97-35, Sec. 339E(b), inserted provisions respecting Presidential appointment powers to the Board. Subsec. (h). Pub. L. 97-35, Sec. 339E(a), inserted provisions which extended authorization from 1982 to 1984, and enumerated amount for fiscal years 1982, 1983, and 1984. 1978 - Subsec. (h). Pub. L. 95-557 inserted ", and any amounts not appropriated in fiscal years 1977 and 1978 may be appropriated in any fiscal year through 1982" after "1978". 1976 - Subsec. (h). Pub. L. 94-375 inserted ", and $5,000,000 for each of the fiscal years 1977 and 1978" after "fiscal year 1976". EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. NATIONAL INSTITUTE OF BUILDING SCIENCES TRUST FUND; AUTHORIZATION OF APPROPRIATIONS Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1384, provided that: "There is appropriated out of funds not otherwise appropriated, the sum of $5,000,000 to a 'National Institute of Building Sciences Trust Fund' which is hereby established in the Treasury of the United States: Provided, That the Secretary shall invest such funds in U.S. Treasury special issue securities at a fixed rate of ten per centum per annum, that such interest shall be credited to the Trust Fund on a quarterly basis, and that the Secretary shall make quarterly disbursements from such interest to the National Institute of Building Sciences: Provided further, That the total amount of such payment during any fiscal year may not exceed $500,000 or the amount equivalent to non-Federal funds received by the Institute during the preceding fiscal year, whichever is less: Provided further, That any amount of interest not used for any such annual payment shall be paid into the general fund of the Treasury: Provided further, That the appropriation of $5,000,000 made in this paragraph shall revert to the Treasury, on October 1, 1989, and the National Institute of Building Sciences Trust Fund shall terminate following the final quarterly disbursement of interest provided for in this paragraph." -End- -CITE- 12 USC Sec. 1701j-3 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701j-3. Preemption of due-on-sale prohibitions -STATUTE- (a) Definitions For the purpose of this section - (1) the term "due-on-sale clause" means a contract provision which authorizes a lender, at its option, to declare due and payable sums secured by the lender's security instrument if all or any part of the property, or an interest therein, securing the real property loan is sold or transferred without the lender's prior written consent; (2) the term "lender" means a person or government agency making a real property loan or any assignee or transferee, in whole or in part, of such a person or agency; (3) the term "real property loan" means a loan, mortgage, advance, or credit sale secured by a lien on real property, the stock allocated to a dwelling unit in a cooperative housing corporation, or a residential manufactured home, whether real or personal property; and (4) the term "residential manufactured home" means a manufactured home as defined in section 5402(6) of title 42 which is used as a residence; and (5) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. (b) Loan contract and terms governing execution or enforcement of due-on-sale options and rights and remedies of lenders and borrowers; assumptions of loan rates (1) Notwithstanding any provision of the constitution or laws (including the judicial decisions) of any State to the contrary, a lender may, subject to subsection (c) of this section, enter into or enforce a contract containing a due-on-sale clause with respect to a real property loan. (2) Except as otherwise provided in subsection (d) of this section, the exercise by the lender of its option pursuant to such a clause shall be exclusively governed by the terms of the loan contract, and all rights and remedies of the lender and the borrower shall be fixed and governed by the contract. (3) In the exercise of its option under a due-on-sale clause, a lender is encouraged to permit an assumption of a real property loan at the existing contract rate or at a rate which is at or below the average between the contract and market rates, and nothing in this section shall be interpreted to prohibit any such assumption. (c) State prohibitions applicable for prescribed period; subsection (b) provisions applicable upon expiration of such period; loans subject to State and Federal regulation or subsection (b) provisions when authorized by State laws or Federal regulations (1) In the case of a contract involving a real property loan which was made or assumed, including a transfer of the liened property subject to the real property loan, during the period beginning on the date a State adopted a constitutional provision or statute prohibiting the exercise of due-on-sale clauses, or the date on which the highest court of such State has rendered a decision (or if the highest court has not so decided, the date on which the next highest appellate court has rendered a decision resulting in a final judgment if such decision applies State-wide) prohibiting such exercise, and ending on October 15, 1982, the provisions of subsection (b) of this section shall apply only in the case of a transfer which occurs on or after the expiration of 3 years after October 15, 1982, except that - (A) a State, by a State law enacted by the State legislature prior to the close of such 3-year period, with respect to real property loans originated in the State by lenders other than national banks, Federal savings and loan associations, Federal savings banks, and Federal credit unions, may otherwise regulate such contracts, in which case subsection (b) of this section shall apply only if such State law so provides; and (B) the Comptroller of the Currency with respect to real property loans originated by national banks or the National Credit Union Administration Board with respect to real property loans originated by Federal credit unions may, by regulation prescribed prior to the close of such period, otherwise regulate such contracts, in which case subsection (b) of this section shall apply only if such regulation so provides. (2)(A) For any contract to which subsection (b) of this section does not apply pursuant to this subsection, a lender may require any successor or transferee of the borrower to meet customary credit standards applied to loans secured by similar property, and the lender may declare the loan due and payable pursuant to the terms of the contract upon transfer to any successor or transferee of the borrower who fails to meet such customary credit standards. (B) A lender may not exercise its option pursuant to a due-on- sale clause in the case of a transfer of a real property loan which is subject to this subsection where the transfer occurred prior to October 15, 1982. (C) This subsection does not apply to a loan which was originated by a Federal savings and loan association or Federal savings bank. (d) Exemption of specified transfers or dispositions With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on- sale clause upon - (1) the creation of a lien or other encumbrance subordinate to the lender's security instrument which does not relate to a transfer of rights of occupancy in the property; (2) the creation of a purchase money security interest for household appliances; (3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) the granting of a leasehold interest of three years or less not containing an option to purchase; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the property; (7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; (8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; or (9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board. (e) Rules, regulations, and interpretations; future income bearing loans subject to due-on-sale options (1) The Federal Home Loan Bank Board, in consultation with the Comptroller of the Currency and the National Credit Union Administration Board, is authorized to issue rules and regulations and to publish interpretations governing the implementation of this section. (2) Notwithstanding the provisions of subsection (d) of this section, the rules and regulations prescribed under this section may permit a lender to exercise its option pursuant to a due-on- sale clause with respect to a real property loan and any related agreement pursuant to which a borrower obtains the right to receive future income. (f) Effective date for enforcement of Corporation-owned loans with due-on-sale options The Federal Home Loan Mortgage Corporation (hereinafter referred to as the "Corporation") shall not, prior to July 1, 1983, implement the change in its policy announced on July 2, 1982, with respect to enforcement of due-on-sale clauses in real property loans which are owned in whole or in part by the Corporation. (g) Balloon payments Federal Home Loan Bank Board regulations restricting the use of a balloon payment shall not apply to a loan, mortgage, advance, or credit sale to which this section applies. -SOURCE- (Pub. L. 97-320, title III, Sec. 341, Oct. 15, 1982, 96 Stat. 1505; Pub. L. 98-181, title IV, Sec. 473, Nov. 30, 1983, 97 Stat. 1237.) -COD- CODIFICATION Section was enacted as part of the Thrift Institutions Restructuring Act and also as part of the Garn-St Germain Depository Institutions Act of 1982, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1983 - Subsec. (d). Pub. L. 98-181 substituted "With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender" for "A lender". -TRANS- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. TRANSFER OF FUNCTIONS Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 101-73, set out as a note under section 1437 of this title. -End- -CITE- 12 USC Sec. 1701k 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701k. Right to redeem property on which United States has lien -STATUTE- The right to redeem provided for by section 2410(c) of title 28, shall not arise in any case in which the subordinate lien or interest of the United States derives from the issuance of insurance under the National Housing Act, as amended [12 U.S.C. 1701 et seq.]. -SOURCE- (Apr. 20, 1950, ch. 94, title V, Sec. 505, 64 Stat. 81; Pub. L. 85- 857, Sec. 13(q), Sept. 2, 1958, 72 Stat. 1266.) -REFTEXT- REFERENCES IN TEXT The National Housing Act, as amended, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to this chapter (Sec. 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1950, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1958 - Pub. L. 85-857 struck out provisions which related to the right to redeem in cases in which the subordinate lien or interest derives from the issuance of guaranties of insurance under the Serviceman's Readjustment Act of 1944, as amended. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as an Effective Date note preceding part 1 of Title 38, Veterans' Benefits. ACT APRIL 20, 1950, AS CONTROLLING LAW; HOUSING AND HOME FINANCE ADMINISTRATOR UNAFFECTED Section 509 of act Apr. 20, 1950, provided that: "Insofar as the provisions of any other law are inconsistent with the provisions of this Act [see Tables for classification] the provisions of this Act shall be controlling: Provided, That nothing contained in this Act shall affect the authority of the Housing and Home Finance Administrator under title II of Public Law 266, Eighty-first Congress [Act Aug. 24, 1949, ch. 506, title II, 63 Stat. 657]." POWERS AND AUTHORITIES OF ACT APRIL 20, 1950, AS CUMULATIVE; SEPARABILITY Section 510 of act Apr. 20, 1950, provided that: "Except as may be otherwise expressly provided in this Act [see Tables for classification] all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. Notwithstanding any other evidences of the intention of Congress, it is hereby declared to be the controlling intent of Congress that if any provisions of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its applications to other persons and circumstances, but shall be confined in its operation to the provisions of this Act, or the application thereof to the persons and circumstances, directly involved in the controversy in which such judgment shall have been rendered." -End- -CITE- 12 USC Sec. 1701l 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701l. Limitation on interest rates of insured mortgages; terms of sales -STATUTE- It is the intent of Congress that no sale of a dwelling on which a mortgage is insured under the National Housing Act, as amended [12 U.S.C. 1701 et seq.], shall be financed, while such mortgage is so insured, at an interest rate higher than that prescribed by the Secretary of Housing and Urban Development. It is the further intent of Congress that no such sale shall be made, while such mortgage is so insured, on terms less favorable to the purchaser as to amortization, retirement, foreclosure, or forfeiture than those contained in such mortgage. -SOURCE- (Apr. 20, 1950, ch. 94, title V, Sec. 508, 64 Stat. 81; Pub. L. 90- 19, Sec. 8(e), May 25, 1967, 81 Stat. 22.) -REFTEXT- REFERENCES IN TEXT The National Housing Act, as amended, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to this chapter (Sec. 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1950, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" for "Federal Housing Commissioner". -End- -CITE- 12 USC Sec. 1701l-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701l-1. Mortgage proceeds fraudulently misappropriated by mortgagor; recovery of deficiency after foreclosure -STATUTE- The Secretary of Housing and Urban Development shall take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that the mortgage proceeds have been fraudulently misappropriated by the mortgagor. -SOURCE- (Pub. L. 93-383, title VIII, Sec. 819, Aug. 22, 1974, 88 Stat. 740.) -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1974, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701m 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701m. Credit and cancellation of notes transferred from Reconstruction Finance Corporation; net loss computation -STATUTE- The Secretary of the Treasury is authorized and directed from time to time to credit and cancel the note or notes of the Housing and Home Finance Administrator executed and delivered in connection with loans transferred from the Reconstruction Finance Corporation to the Housing and Home Finance Agency pursuant to Reorganization Plan Numbered 23 of 1950 (64 Stat. 1279), to the extent of the net loss, as determined by the Secretary of the Treasury, sustained by said Agency in the liquidation of defaulted loans. The net loss shall be the sum of the unpaid principal and advances for care and preservation of collateral, together with accrued and unpaid interest on said principal and advances, and all expenses and costs (other than those subject to administrative expense limitations) in connection with the liquidation of defaulted loans, less the amount actually realized by the Housing and Home Finance Agency on account of such defaulted loans. -SOURCE- (July 14, 1952, ch. 723, Sec. 9, 66 Stat. 603.) -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 23 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1952, and not as part of the National Housing Act which comprises this chapter. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Housing and Home Finance Agency and its Administrator transferred to and vested in Secretary of Housing and Urban Development by Pub. L. 89-174, Sec. 5, Sept. 9, 1965, 79 Stat. 669, classified to section 3534 of Title 42, The Public Health and Welfare. -MISC1- TERMINATION, LIQUIDATION, AND ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees, abolished Reconstruction Finance Corporation. Termination on June 30, 1954, of Reconstruction Finance Corporation and liquidation thereof, see sections 608 and 609 of Title 15, Commerce and Trade, and notes thereunder. -End- -CITE- 12 USC Sec. 1701n 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701n. Reduction of vulnerability of congested urban areas to enemy attack -STATUTE- The Department of Housing and Urban Development, and any other departments or agencies of the Federal Government having powers, functions, or duties with respect to housing under any law shall exercise such powers, functions, or duties in such manner as, consistent with the requirements thereof, will facilitate progress in the reduction of the vulnerability of congested urban areas to enemy attack. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 811, 68 Stat. 646; Pub. L. 90-19, Sec. 10(g), May 25, 1967, 81 Stat. 23.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1954, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Department of Housing and Urban Development" for "Housing and Home Finance Agency, including its constituent agencies". -End- -CITE- 12 USC Sec. 1701o 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701o. Annual report of Secretary -STATUTE- The Secretary of Housing and Urban Development shall, as soon as practicable during each calendar year, make a report to the President for submission to the Congress on all operations and programs (including but not limited to the insurance, urban renewal, public housing, and rent supplement programs) under the jurisdiction of the Department of Housing and Urban Development during the previous calendar year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary to implement more effectively Congressional policies and purposes, for establishing new or alternative programs. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 802(a), 68 Stat. 642; Pub. L. 89-117, title XI, Sec. 1101, Aug. 10, 1965, 79 Stat. 502; Pub. L. 90-19, Sec. 10(f), May 25, 1967, 81 Stat. 23; Pub. L. 100-242, title V, Sec. 570(b), Feb. 5, 1988, 101 Stat. 1950.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1954, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1988 - Pub. L. 100-242 inserted section catchline "Annual report of Secretary". 1967 - Pub. L. 90-19 struck out "FHA" before "insurance" and substituted "Secretary of Housing and Urban Development" and "Department of Housing and Urban Development" for "Housing and Home Finance Administrator" and "Housing and Home Finance Agency", respectively. 1965 - Pub. L. 89-117 specifically included FHA insurance, urban renewal, public housing, and rent supplement programs within the operation and programs of the Housing and Home Finance Agency which the report shall cover and inserted requirement that the report contain recommendations for improving programs and for new or alternative programs. -End- -CITE- 12 USC Sec. 1701p 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701p. Contents of report to President and Congress -STATUTE- The annual report made by the Secretary of Housing and Urban Development to the President for submission to the Congress on all operations provided for by section 1701o of this title shall contain pertinent information with respect to all projects for which any loan, contribution, or grant has been made by the Department of Housing and Urban Development, including the amount of loans, contributions and grants contracted for. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 817, 68 Stat. 648; Pub. L. 90-19, Sec. 10(j), May 25, 1967, 81 Stat. 23; Pub. L. 97-375, title II, Sec. 207(a), Dec. 21, 1982, 96 Stat. 1824.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1954, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1982 - Pub. L. 97-375 struck out requirement for the inclusion of pertinent information respecting all builders' cost certifications required by section 1715r of this title, including amounts paid by mortgagors to mortgagees for application to the reduction of the principal obligations of the mortgages pursuant to that section. 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" and "Department of Housing and Urban Development" for "Housing and Home Finance Administrator" and "Housing and Home Finance Agency", respectively. -End- -CITE- 12 USC Sec. 1701p-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701p-1. Periodic report on residential mortgage delinquencies and foreclosures -STATUTE- As soon as practicable following November 30, 1983, the Secretary of Housing and Urban Development, with the cooperation of the Federal Home Loan Bank Board, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Comptroller of the Currency, shall develop a method of accurately reporting to the Congress on a periodic basis with respect to residential mortgage delinquencies and foreclosures. Each such report shall include information with respect to the number of residential mortgage foreclosures, and the number of sixty- and ninety-day residential mortgage delinquencies, in the Nation and in each State. -SOURCE- (Pub. L. 98-181, title IV, Sec. 469, Nov. 30, 1983, 97 Stat. 1237.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban-Rural Recovery Act of 1983 and also as part of the Domestic Housing and International Recovery and Financial Stability Act, and not as part of the National Housing Act which comprises this chapter. -MISC1- TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which a report required under this section is listed on page 105), see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. -TRANS- TRANSFER OF FUNCTIONS Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 101-73, set out as a note under section 1437 of this title. -End- -CITE- 12 USC Sec. 1701q 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701q. Supportive housing for the elderly -STATUTE- (a) Purpose The purpose of this section is to enable elderly persons to live with dignity and independence by expanding the supply of supportive housing that - (1) is designed to accommodate the special needs of elderly persons; and (2) provides a range of services that are tailored to the needs of elderly persons occupying such housing. (b) General authority The Secretary is authorized to provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for the elderly. Such assistance shall be provided as (1) capital advances in accordance with subsection (c)(1) of this section, and (2) contracts for project rental assistance in accordance with subsection (c)(2) of this section. Such assistance may be used to finance the construction, reconstruction, or moderate or substantial rehabilitation of a structure or a portion of a structure, or the acquisition of a structure, to be used as supportive housing for the elderly in accordance with this section. Assistance may also cover the cost of real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for the elderly. (c) Forms of assistance (1) Capital advances A capital advance provided under this section shall bear no interest and its repayment shall not be required so long as the housing remains available for very low-income elderly persons in accordance with this section. Such advance shall be in an amount calculated in accordance with the development cost limitation established in subsection (h) of this section. (2) Project rental assistance Contracts for project rental assistance shall obligate the Secretary to make monthly payments to cover any part of the costs attributed to units occupied (or, as approved by the Secretary, held for occupancy) by very low-income elderly persons that is not met from project income. The annual contract amount for any project shall not exceed the sum of the initial annual project rentals for all units so occupied and any initial utility allowances for such units, as approved by the Secretary. Any contract amounts not used by a project in any year shall remain available to the project until the expiration of the contract. The Secretary may adjust the annual contract amount if the sum of the project income and the amount of assistance payments available under this paragraph are inadequate to provide for reasonable project costs. (3) Tenant rent contribution A very low-income person shall pay as rent for a dwelling unit assisted under this section the highest of the following amounts, rounded to the nearest dollar: (A) 30 percent of the person's adjusted monthly income, (B) 10 percent of the person's monthly income, or (C) if the person is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the person's actual housing costs, is specifically designated by such agency to meet the person's housing costs, the portion of such payments which is so designated. (d) Term of commitment (1) Use limitations All units in housing assisted under this section shall be made available for occupancy by very low-income elderly persons for not less than 40 years. (2) Contract terms The initial term of a contract entered into under subsection (c)(2) of this section shall be 240 months. The Secretary shall, to the extent approved in appropriation Acts, extend any expiring contract for a term of not less than 60 months. In order to facilitate the orderly extension of expiring contracts, the Secretary is authorized to make commitments to extend expiring contracts during the year prior to the date of expiration. (e) Applications Funds made available under this section shall be allocated by the Secretary among approvable applications submitted by private nonprofit organizations. Applications for assistance under this section shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall contain - (1) a description of the proposed housing; (2) a description of the assistance the applicant seeks under this section; (3) a description of the resources that are expected to be made available in compliance with subsection (h) of this section; (4) a description of (A) the category or categories of elderly persons the housing is intended to serve; (B) the supportive services, if any, to be provided to the persons occupying such housing; (C) the manner in which such services will be provided to such persons, including, in the case of frail elderly persons, evidence of such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of such services; and (D) the public or private sources of assistance that can reasonably be expected to fund or provide such services; (5) a certification from the public official responsible for submitting a housing strategy for the jurisdiction to be served in accordance with section 12705 of title 42 that the proposed project is consistent with the approved housing strategy; and (6) such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section. The Secretary shall not reject an application on technical grounds without giving notice of that rejection and the basis therefor to the applicant and affording the applicant an opportunity to respond. (f) Selection criteria The Secretary shall establish selection criteria for assistance under this section, which shall include - (1) the ability of the applicant to develop and operate the proposed housing; (2) the need for supportive housing for the elderly in the area to be served, taking into consideration the availability of public housing for the elderly and vacancy rates in such facilities; (3) the extent to which the proposed size and unit mix of the housing will enable the applicant to manage and operate the housing efficiently and ensure that the provision of supportive services will be accomplished in an economical fashion; (4) the extent to which the proposed design of the housing will meet the special physical needs of elderly persons; (5) the extent to which the applicant has demonstrated that the supportive services identified in subsection (e)(4) of this section will be provided on a consistent, long-term basis; (6) the extent to which the proposed design of the housing will accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the category or categories of elderly persons the housing is intended to serve; and (7) such other factors as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. (g) Provisions of services (1) In general In carrying out the provisions of this section, the Secretary shall ensure that housing assisted under this section provides a range of services tailored to the needs of the category or categories of elderly persons (including frail elderly persons) occupying such housing. Such services may include (A) meal service adequate to meet nutritional need; (B) housekeeping aid; (C) personal assistance; (D) transportation services; (E) health- related services; (F) providing education and outreach regarding telemarketing fraud, in accordance with the standards issued under section 671(f) of the Housing and Community Development Act of 1992 (42 U.S.C. 13631(f)); and (G) such other services as the Secretary deems essential for maintaining independent living. The Secretary may permit the provision of services to elderly persons who are not residents if the participation of such persons will not adversely affect the cost-effectiveness or operation of the program or add significantly to the need for assistance under this Act. (2) Local coordination of services The Secretary shall ensure that owners have the managerial capacity to - (A) assess on an ongoing basis the service needs of residents; (B) coordinate the provision of supportive services and tailor such services to the individual needs of residents; and (C) seek on a continuous basis new sources of assistance to ensure the long-term provision of supportive services. Any cost associated with this subsection shall be an eligible cost under subsection (c)(2) of this section. (3) Service coordinators Any cost associated with employing or otherwise retaining a service coordinator in housing assisted under this section shall be considered an eligible cost under subsection (c)(2) of this section. If a project is receiving congregate housing services assistance under section 8011 of title 42, the amount of costs provided under subsection (c)(2) of this section for the project service coordinator may not exceed the additional amount necessary to cover the costs of providing for the coordination of services for residents of the project who are not eligible residents under such section 8011 of title 42. To the extent that amounts are available pursuant to subsection (c)(2) of this section for the costs of carrying out this paragraph within a project, an owner of housing assisted under this section shall provide a service coordinator for the housing to coordinate the provision of services under this subsection within the housing. (h) Development cost limitations (1) In general The Secretary shall periodically establish development cost limitations by market area for various types and sizes of supportive housing for the elderly by publishing a notice of the cost limitations in the Federal Register. The cost limitations shall reflect - (A) the cost of construction, reconstruction, or rehabilitation of supportive housing for the elderly that meets applicable State and local housing and building codes; (B) the cost of movables necessary to the basic operation of the housing, as determined by the Secretary; (C) the cost of special design features necessary to make the housing accessible to elderly persons; (D) the cost of special design features necessary to make individual dwelling units meet the physical needs of elderly project residents; (E) the cost of congregate space necessary to accommodate the provision of supportive services to elderly project residents; (F) if the housing is newly constructed, the cost of meeting the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of title 42; and (G) the cost of land, including necessary site improvement. In establishing development cost limitations for a given market area under this subsection, the Secretary shall use data that reflect currently prevailing costs of construction, reconstruction, or rehabilitation, and land acquisition in the area. For purposes of this paragraph, the term "congregate space" shall include space for cafeterias or dining halls, community rooms or buildings, workshops, adult day health facilities, or other outpatient health facilities, or other essential service facilities. Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility. (2) Acquisition In the case of existing housing and related facilities to be acquired, the cost limitations shall include - (A) the cost of acquiring such housing, (B) the cost of rehabilitation, alteration, conversion, or improvement, including the moderate rehabilitation thereof, and (C) the cost of the land on which the housing and related facilities are located. (3) Annual adjustments The Secretary shall adjust the cost limitation not less than once annually to reflect changes in the general level of construction, reconstruction, or rehabilitation costs. (4) Incentives for savings (A) Special housing account The Secretary shall use the development cost limitations established under paragraph (1) or (2) to calculate the amount of financing to be made available to individual owners. Owners which incur actual development costs that are less than the amount of financing shall be entitled to retain 50 percent of the savings in a special housing account. Such percentage shall be increased to 75 percent for owners which add energy efficiency features which - (i) exceed the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of title 42; (ii) substantially reduce the life-cycle cost of the housing; (iii) reduce gross rent requirements; and (iv) enhance tenant comfort and convenience. (B) Uses The special housing account established under subparagraph (A) may be used (i) to supplement services provided to residents of the housing or funds set aside for replacement reserves, or (ii) for such other purposes as determined by the Secretary. (5) Design flexibility The Secretary shall, to the extent practicable, give owners the flexibility to design housing appropriate to their location and proposed resident population within broadly defined parameters. (6) Use of funds from other sources An owner shall be permitted voluntarily to provide funds from sources other than this section for amenities and other features of appropriate design and construction suitable for supportive housing for the elderly if the cost of such amenities is (A) not financed with the advance, and (B) is not taken into account in determining the amount of Federal assistance or of the rent contribution of tenants. Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant. (i) Tenant selection (1) In general An owner shall adopt written tenant selection procedures that are satisfactory to the Secretary as (A) consistent with the purpose of improving housing opportunities for very low-income elderly persons; and (B) reasonably related to program eligibility and an applicant's ability to perform the obligations of the lease. Such tenant selection procedures shall comply with subtitle C of title VI of the Housing and Community Development Act of 1992 [42 U.S.C. 13601 et seq.] and any regulations issued under such subtitle. Owners shall promptly notify in writing any rejected applicant of the grounds for any rejection. (2) Information regarding housing under this section The Secretary shall provide to an appropriate agency in each area (which may be the applicable Area Agency on the Aging) information regarding the availability of housing assisted under this section. (j) Miscellaneous provisions (1) Technical assistance The Secretary shall make available appropriate technical assistance to assure that applicants having limited resources, particularly minority applicants, are able to participate more fully in the program carried out under this section. (2) Civil rights compliance Each owner shall certify, to the satisfaction of the Secretary, that assistance made available under this section will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 3601 et seq.], and other Federal, State, and local laws prohibiting discrimination and promoting equal opportunity. (3) Owner deposit (A) In general The Secretary shall require an owner to deposit an amount not to exceed $25,000 in a special escrow account to assure the owner's commitment to the housing. (B) Reduction of requirement The Secretary may reduce or waive the owner deposit specified under paragraph (1) for individual applicants if the Secretary finds that such waiver or reduction is necessary to achieve the purposes of this section and the applicant demonstrates to the satisfaction of the Secretary that it has the capacity to manage and maintain the housing in accordance with this section. The Secretary shall reduce or waive the requirement of the owner deposit under paragraph (1) in the case of a nonprofit applicant that is not affiliated with a national sponsor, as determined by the Secretary. (4) Notice of appeal The Secretary shall notify an owner not less than 30 days prior to canceling any reservation of assistance provided under this section. During the 30-day period following the receipt of a notice under the preceding sentence, an owner may appeal the proposed cancellation of loan authority. Such appeal, including review by the Secretary, shall be completed not later than 45 days after the appeal is filed. (5) Labor (A) In general The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors and subcontractors in the construction of housing with 12 or more units assisted under this section shall be paid wages at rates not less than the rates prevailing in the locality involved for the corresponding classes of laborers and mechanics employed on construction of a similar character, as determined by the Secretary of Labor in accordance with sections 3141-3144, 3146, and 3147 of title 40. (B) Exemption Subparagraph (A) shall not apply to any individual who - (i) performs services for which the individual volunteered; (ii)(I) does not receive compensation for such services; or (II) is paid expenses, reasonable benefits, or a nominal fee for such services; and (iii) is not otherwise employed at any time in the construction work. (6) Access to residual receipts The Secretary shall authorize the owner of a project assisted under this section to use any residual receipts held for the project in excess of $500 per unit (or in excess of such other amount prescribed by the Secretary based on the needs of the project) for activities to retrofit and renovate the project described under section 8011(d)(3) of title 42, to provide a service coordinator for the project as described in section 8011(d)(4) of title 42, or to provide supportive services (as such term is defined in section 8011(k) of title 42) to residents of the project. Any owner that uses residual receipts under this paragraph shall submit to the Secretary a report, not less than annually, describing the uses of the residual receipts. In determining the amount of project rental assistance to be provided to a project under subsection (c)(2) of this section, the Secretary may take into consideration the residual receipts held for the project only if, and to the extent that, excess residual receipts are not used under this paragraph. (7) Compliance with Housing and Community Development Act of 1992 Each owner shall operate housing assisted under this section in compliance with subtitle C of title VI of the Housing and Community Development Act of 1992 [42 U.S.C. 13601 et seq.] and any regulations issued under such subtitle. (8) Use of project reserves Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. Such use shall be subject to the approval of the Secretary to ensure that the use is designed to retrofit units that are currently obsolete or unmarketable. (k) Definitions (1) The term "elderly person" means a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy. (2) The term "frail elderly" means an elderly person who is unable to perform at least 3 activities of daily living adopted by the Secretary for purposes of this program. Owners may establish additional eligibility requirements (acceptable to the Secretary) based on the standards in local supportive services programs. (3) The term "owner" means a private nonprofit organization that receives assistance under this section to develop and operate supportive housing for the elderly. (4) The term "private nonprofit organization" means any incorporated private institution or foundation - (A) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (B) which has a governing board (i) the membership of which is selected in a manner to assure that there is significant representation of the views of the community in which such housing is located, and (ii) which is responsible for the operation of the housing assisted under this section; and (C) which is approved by the Secretary as to financial responsibility. Such term includes a for-profit limited partnership the sole general partner of which is an organization meeting the requirements under subparagraphs (A), (B), and (C), or a corporation wholly owned and controlled by an organization meeting the requirements under subparagraphs (A), (B), and (C). (5) The term "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (6) The term "Secretary" means the Secretary of Housing and Urban Development. (7) The term "supportive housing for the elderly" means housing that is designed (A) to meet the special physical needs of elderly persons and (B) to accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the category or categories of elderly persons that the housing is intended to serve. (8) The term "very low-income" has the same meaning as given the term "very low-income families" under section 1437a(b)(2) of title 42. (l) Allocation of funds (1) Capital advances Of any amounts made available for assistance under this section, such sums as may be necessary shall be available for funding capital advances in accordance with subsection (c)(1) of this section. Such amounts, the repayments from such advances, and the proceeds from notes or obligations issued under this section prior to November 28, 1990, shall constitute a revolving fund to be used by the Secretary in carrying out this section. (2) Project rental assistance Of any amounts made available for assistance under this section, such sums as may be necessary shall be available for funding project rental assistance in accordance with subsection (c)(2) of this section. (3) Nonmetropolitan allocation Not less than 15 percent of the funds made available for assistance under this section shall be allocated by the Secretary on a national basis for nonmetropolitan areas. (m) Authorization of appropriations There is authorized to be appropriated for providing assistance under this section $710,000,000 for fiscal year 2000. (m) (!1) Authorization of appropriations There are authorized to be appropriated for providing assistance under this section such sums as may be necessary for each of fiscal years 2001, 2002, and 2003. -SOURCE- (Pub. L. 86-372, title II, Sec. 202, Sept. 23, 1959, 73 Stat. 667; Pub. L. 87-70, title II, Sec. 201, June 30, 1961, 75 Stat. 162; Pub. L. 87-723, Sec. 3, Sept. 28, 1962, 76 Stat. 670; Pub. L. 88- 158, Oct. 24, 1963, 77 Stat. 278; Pub. L. 88-560, title II, Secs. 201, 203(a)(2), Sept. 2, 1964, 78 Stat. 783; Pub. L. 89-117, title I, Sec. 105(a), (b)(1), formerly Sec. 105, Aug. 10, 1965, 79 Stat. 457, renumbered Pub. L. 89-754, title X, Sec. 1001(1), (2), Nov. 3, 1966, 80 Stat. 1284; Pub. L. 90-19, Sec. 16(a), May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title XVII, Sec. 1706, Aug. 1, 1968, 82 Stat. 605; Pub. L. 91-152, title II, Sec. 218, Dec. 24, 1969, 83 Stat. 390; Pub. L. 93-383, title II, Sec. 210(a)-(f), Aug. 22, 1974, 88 Stat. 669-671; Pub. L. 94-375, Sec. 11, Aug. 3, 1976, 90 Stat. 1074; Pub. L. 95-128, title II, Sec. 202, Oct. 12, 1977, 91 Stat. 1129; Pub. L. 95-557, title II, Sec. 205, Oct. 31, 1978, 92 Stat. 2090; Pub. L. 96-153, title III, Sec. 306(a)-(d), Dec. 21, 1979, 93 Stat. 1112, 1113; Pub. L. 96-399, title III, Sec. 319, Oct. 8, 1980, 94 Stat. 1646; Pub. L. 97-35, title III, Sec. 336, Aug. 13, 1981, 95 Stat. 414; Pub. L. 98-181, title II, Sec. 223(a)(1), (b)-(e), Nov. 30, 1983, 97 Stat. 1189, 1190; Pub. L. 98- 479, title I, Sec. 102(c), title II, Secs. 201(e), 203(h), Oct. 17, 1984, 98 Stat. 2222, 2228, 2230; Pub. L. 100-242, title I, Secs. 161(a)-(c)(1), (d)-(f), 162(b), (c), 170(g), Feb. 5, 1988, 101 Stat. 1855-1857, 1859, 1867; Pub. L. 101-625, title VIII, Secs. 801(a), (e), 804(a)-(c), 805, 807, 808, title IX, Sec. 955(c), Nov. 28, 1990, 104 Stat. 4297, 4304, 4322-4324, 4421; Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 756; Pub. L. 102-242, title II, Sec. 241(c)(2), Dec. 19, 1991, 105 Stat. 2331; Pub. L. 102-550, title VI, Secs. 601(c), 602(a)-(c), (e)-(g), 677(a), 682(c), title IX, Sec. 913(a), title XVI, Sec. 1604(c)(3), Oct. 28, 1992, 106 Stat. 3802-3805, 3829, 3831, 3876, 4083; Pub. L. 106-74, title V, Sec. 511, Oct. 20, 1999, 113 Stat. 1101; Pub. L. 106-569, title VIII, Secs. 821, 831-835, 851(c)(1), Dec. 27, 2000, 114 Stat. 3020- 3022, 3024.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (g)(1), is Pub. L. 86-372, Sept. 23, 1959, 73 Stat. 654, as amended, known as the Housing Act of 1959. For complete classification of this Act to the Code, see Short Title of 1959 Amendment note set out under section 1701 of this title and Tables. The Housing and Community Development Act of 1992, referred to in subsecs. (i)(1) and (j)(7), is Pub. L. 102-550, Oct. 28, 1992, 106 Stat. 3672. Subtitle C of title VI of the Act is classified generally to subchapter I (Sec. 13601 et seq.) of chapter 135 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 5301 of Title 42 and Tables. The Civil Rights Act of 1964, referred to in subsec. (j)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Fair Housing Act, referred to in subsec. (j)(2), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables. -COD- CODIFICATION "Sections 3141-3144, 3146, and 3147 of title 40" substituted in subsec. (j)(5)(A) for "the Act of March 3, 1931 (commonly known as the Davis-Bacon Act)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Section was enacted as part of the Housing Act of 1959, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 2000 - Subsec. (b). Pub. L. 106-569, Sec. 833(1), struck out "from the Resolution Trust Corporation" after "or the acquisition of a structure". Subsec. (g)(1)(F), (G). Pub. L. 106-569, Sec. 851(c)(1), added cl. (F) and redesignated former cl. (F) as (G). Subsec. (h)(1). Pub. L. 106-569, Sec. 835, inserted at end of concluding provisions "Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility." Subsec. (h)(2). Pub. L. 106-569, Sec. 833(2), substituted "Acquisition" for "RTC properties" in heading and struck out "from the Resolution Trust Corporation under section 1441a(c) of this title or from the Federal Deposit Insurance Corporation under section 1831q of this title" after "related facilities to be acquired" in introductory provisions. Subsec. (h)(6). Pub. L. 106-569, Sec. 832, substituted "sources other than this section" for "non-Federal sources" and inserted at end "Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant." Subsec. (j)(8). Pub. L. 106-569, Sec. 834, added par. (8). Subsec. (k)(4). Pub. L. 106-569, Sec. 831, inserted concluding provisions. Subsec. (m). Pub. L. 106-569, Sec. 821, added subsec. (m) relating to authorization of appropriations for fiscal years 2001 to 2003. 1999 - Subsec. (m). Pub. L. 106-74 added subsec. (m) relating to authorization of appropriations for fiscal year 2000. 1992 - Subsec. (e)(5) to (7). Pub. L. 102-550, Sec. 602(b), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which read as follows: "a certification from the appropriate State or local agency (as determined by the Secretary) that the provision of services identified in paragraph (4) is well designed to serve the special needs of the category or categories of elderly persons the housing is intended to serve;". Subsec. (f)(2). Pub. L. 102-550, Sec. 602(c), which directed insertion of ", taking into consideration the availability of public housing for the elderly and vacancy rates in such facilities" at end, was executed by making insertion before semicolon at end. Subsec. (g)(1). Pub. L. 102-550, Sec. 602(a)(1), struck out "and persons with disabilities" after "elderly persons" in last sentence. Subsec. (g)(2). Pub. L. 102-550, Sec. 677(a)(A), struck out at end "Any cost associated with the employment of a service coordinator shall also be an eligible cost except where the project is receiving congregate housing services assistance under section 8011 of title 42." Subsec. (g)(3). Pub. L. 102-550, Sec. 677(a)(B), added par. (3). Subsec. (h)(2). Pub. L. 102-550, Sec. 1604(c)(3), made technical amendment to reference to section 1831q of this title to correct reference to corresponding provision of original act. Subsec. (i)(1). Pub. L. 102-550, Sec. 682(c)(1), inserted after first sentence "Such tenant selection procedures shall comply with subtitle C of title VI of the Housing and Community Development Act of 1992 and any regulations issued under such subtitle." Subsec. (i)(1)(A). Pub. L. 102-550, Sec. 602(a)(2), substituted "elderly persons" for "persons with disabilities". Subsec. (j)(3)(B). Pub. L. 102-550, Sec. 602(f), inserted at end "The Secretary shall reduce or waive the requirement of the owner deposit under paragraph (1) in the case of a nonprofit applicant that is not affiliated with a national sponsor, as determined by the Secretary." Subsec. (j)(5). Pub. L. 102-550, Sec. 913(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "(A) In general. - Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this subtitle shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a-276a-5), shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract. "(B) Waiver. - Subparagraph (A) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work." Subsec. (j)(6). Pub. L. 102-550, Sec. 602(e), added par. (6). Subsec. (j)(7). Pub. L. 102-550, Sec. 682(c)(2), added par. (7). Subsec. (l). Pub. L. 102-550, Sec. 601(c)(1), substituted "Allocation of funds" for "Authorizations" in heading. Subsec. (l)(1). Pub. L. 102-550, Sec. 601(c)(2), inserted sentence at beginning, substituted "Such amounts" for "Amounts so appropriated" in second sentence, and struck out former first sentence which read as follows: "There are authorized to be appropriated for the purpose of funding capital advances in accordance with subsection (c)(1) of this section $659,000,000 for fiscal year 1992." Subsec. (l)(2). Pub. L. 102-550, Sec. 601(c)(3), added par. (2) and struck out former par. (2) which read as follows: "For the purpose of funding contracts for project rental assistance in accordance with subsection (c)(2) of this section the Secretary may, to the extent approved in an appropriations Act, reserve authority to enter into obligations aggregating $363,000,000 for fiscal year 1992." Subsec. (l)(3). Pub. L. 102-550, Sec. 602(g), which directed substitution of "15 percent" for "20 percent" in par. (4) was executed to par. (3) to reflect the probable intent of Congress. Pub. L. 102-550, Sec. 601(c)(4), substituted "for assistance under this section" for "under this subtitle". 1991 - Subsec. (g)(2). Pub. L. 102-139, amending Pub. L. 101-625, Sec. 801(a), struck out "in housing principally serving frail elderly persons" after "coordinator". Pub. L. 102-139 struck out "or a project where the tenants are not principally frail elderly" before period at end of subsec. (g)(2) as it existed prior to the general amendment of this section by section 801(a) of Pub. L. 101-625. Subsec. (h)(2). Pub. L. 102-242 inserted "or from the Federal Deposit Insurance Corporation under section 1831q of this title" after "section 1441a(c) of this title". 1990 - Pub. L. 101-625, Sec. 801(a), amended section generally, substituting present provisions for provisions authorizing loans for housing and related facilities for elderly or handicapped families. Subsec. (a)(4)(C). Pub. L. 101-625, Sec. 801(e), struck out before period at end ", and not more than $666,400,000 may be approved in appropriation Acts for such loans with respect to fiscal year 1984. For fiscal years 1988 and 1989, not more than $621,701,000 and $630,000,000, respectively, may be approved in appropriation Acts for such loans" and inserted at end "For fiscal year 1991, not more than $714,200,000 may be approved in appropriation Acts for such loans." Subsec. (a)(9). Pub. L. 101-625, Sec. 804(b), added par. (9). Subsec. (c)(3). Pub. L. 101-625, Sec. 955(c), designated existing provisions as subpar. (A), struck out before period at end "; but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of such housing, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the corporation, cooperative, or public body or agency undertaking the construction", and added subpar. (B). Subsec. (d)(3). Pub. L. 101-625, Sec. 804(a), inserted at end "The term also means the cost of acquiring existing housing and related facilities from the Resolution Trust Corporation under section 1441a(c) of this title, the cost of rehabilitation, alteration, conversion, or improvement, including the moderate rehabilitation thereof, and the cost of the land on which the housing and related facilities are located." Subsec. (g). Pub. L. 101-625, Sec. 808, designated existing provisions as par. (1) and added par. (2). Pub. L. 101-625, Sec. 804(c), inserted at end "In the case of existing housing and related facilities acquired from the Resolution Trust Corporation under section 1441a(c) of this title, the term of the contract pursuant to such section 8 shall be 240 months." Subsec. (k)(3). Pub. L. 101-625, Sec. 807, added par. (3). Subsec. (p). Pub. L. 101-625, Sec. 805, added subsec. (p). 1988 - Subsec. (a)(3). Pub. L. 100-242, Sec. 161(c)(1), designated existing provisions as subpar. (A), substituted "taking into consideration the average yield, during the 3-month period immediately preceding the fiscal year in which the loan is made, on the most recently issued 30-year marketable obligations of the United States" for "of the Treasury taking into consideration the average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made", and added subpar. (B). Subsec. (a)(4)(B)(i). Pub. L. 100-242, Sec. 161(a), inserted provisions relating to such sums as may be approved for fiscal years 1988 and 1989, and substituted "October 1, 1983, to such sum" for "October 1, 1983, and to such sum". Pub. L. 100-242, Sec. 161(d), substituted "Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the average yield, during the 3-month period immediately preceding the fiscal year in which the loan is made, on the most recently issued 30-year marketable obligations of the United States." for "Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made." Subsec. (a)(4)(C). Pub. L. 100-242, Sec. 161(b), inserted provisions relating to loan authority for fiscal years 1988 and 1989. Subsec. (a)(8). Pub. L. 100-242, Sec. 161(f), added par. (8). Subsec. (c)(3). Pub. L. 100-242, Sec. 162(b)(3), inserted reference to construction designed for dwelling use by 12 or more elderly or handicapped families. Subsec. (d)(4). Pub. L. 100-242, Sec. 170(g)(1), substituted reference to a handicapped person if such person has a developmental disability as defined in section 6001(7) of title 42, for reference to a handicapped person if such person is a developmentally disabled individual as defined in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1950. Subsec. (d)(9), (10). Pub. L. 100-242, Sec. 162(b)(2), added pars. (9), (10). Subsec. (f). Pub. L. 100-242, Sec. 162(c), designated existing provisions as par. (1) and added par. (2). Pub. L. 100-242, Sec. 170(g)(2), substituted "section 133" for "section 134". Subsec. (h). Pub. L. 100-242, Sec. 162(b)(1), amended subsec. (h) generally, changing structure of subsection from one consisting of introductory provisions and two numbered paragraphs to one consisting of four numbered paragraphs. Subsec. (l). Pub. L. 100-242, Sec. 170(g)(3), substituted "different" for "difference". Subsec. (n). Pub. L. 100-242, Sec. 161(e), added subsec. (n). 1984 - Subsec. (a)(4)(B)(i). Pub. L. 98-479, Sec. 203(h), substituted "chapter 31 of title 31" for "the Second Liberty Bond Act" and "such chapter" for "that Act". Pub. L. 98-479, Sec. 102(c)(1), substituted "October 1, 1984" for "October 1, 1985". Subsec. (f). Pub. L. 98-479, Sec. 201(e), substituted "Health and Human Services" for "Health, Education, and Welfare". Subsec. (h)(1). Pub. L. 98-479, Sec. 102(c)(2)(A), inserted "and" at end. Subsec. (h)(2). Pub. L. 98-479, Sec. 102(c)(2)(B), substituted a period for "; and" at end. Subsec. (l). Pub. L. 98-479, Sec. 102(c)(3), inserted "The Secretary shall not impose difference requirements or standards with respect to construction change orders, increases in loan amount to cover change orders, errors in plans and specifications, and use of contingency funds, because of the method of contractor selection used by the sponsor or borrower." 1983 - Subsec. (a)(3). Pub. L. 98-181, Sec. 223(a)(1), inserted ", except that such interest rate plus such allowance shall not exceed 9.25 per centum per annum". Subsec. (a)(4)(B)(i). Pub. L. 98-181, Sec. 223(b), struck out "and" after "1980" and inserted ", to $6,400,000,000 on October 1, 1983, and to such sum as may be approved in an appropriation Act on October 1, 1985,". Subsec. (a)(4)(C). Pub. L. 98-181, Sec. 223(c), substituted "$666,400,000" and "1984" for "$850,848,000" and "1982", respectively. Subsec. (h). Pub. L. 98-181, Sec. 223(d)(1), (2), in provisions preceding par. (1), substituted "1983" for "1978", and inserted ", and persons described in subparagraphs (B) and (C) of subsection (d)(4) of this section who have been released from residential health treatment facilities". Subsec. (h)(1). Pub. L. 98-181, Sec. 223(d)(3), (5), substituted "persons described in the first sentence of this subsection" for "handicapped persons", and struck out "and" at end. Subsec. (h)(2). Pub. L. 98-181, Sec. 223(d)(4), (6), substituted "persons described in the first sentence of this subsection who are" for "handicapped persons", and substituted "such community; and" for "such community". Subsecs. (i) to (m). Pub. L. 98-181, Sec. 223(e), added subsecs. (i) to (m). 1981 - Subsec. (a)(4)(C). Pub. L. 97-35 inserted provisions relating to fiscal year 1982. 1980 - Subsec. (d)(3). Pub. L. 96-399 inserted last sentence relating to housing to meet the needs of handicapped (primarily nonelderly) persons. 1979 - Subsec. (a)(4)(B)(i). Pub. L. 96-153, Sec. 306(a), provided for increase of notes or other obligations to $3,827,500,000 on October 1, 1979, to $4,777,500,000 on October 1, 1980, and to $5,752,500,000 on October 1, 1981. Subsec. (a)(6), (7). Pub. L. 96-153, Sec. 306(b), added pars. (6) and (7). Subsec. (d)(8)(A). Pub. L. 96-153, Sec. 306(c)(1), substituted "adult day health facilities, or other" for "or infirmaries or other inpatient or". Subsec. (f). Pub. L. 96-153, Sec. 306(c)(2), inserted reference to adult day health services. Subsec. (g). Pub. L. 96-153, Sec. 306(d), inserted provisions that at the time of settlement on permanent financing, the Secretary make appropriate adjustment in the amount of assistance to be provided under a contract for annual contributions pursuant to section 8 of the United States Housing Act of 1937 reflecting the difference between interest rate which will actually be charged in connection with such permanent financing and the interest rate which was in effect at the time of the reservation of assistance in connection with the project. 1978 - Subsec. (a)(4)(C). Pub. L. 95-557, Sec. 205(b), struck out "in any fiscal year" after "The aggregate loans made under this section", and "for such year" after "lending authority established". Subsec. (d)(2). Pub. L. 95-557, Sec. 205(d), designated provisions beginning "no part of" as par. (A), substituted "member, founder, contributor, or individual" for "private shareholder, contributor, or individual, if such institution or foundation is approved by the Secretary as to financial responsibility", and added pars. (B) and (C). Subsec. (d)(3). Pub. L. 95-557, Sec. 205(c), inserted "the cost of movables necessary to the basic operation of the project as determined by the Secretary," after "related facilities". Subsec. (h). Pub. L. 95-557, Sec. 205(a), added subsec. (h). 1977 - Subsec. (d)(3). Pub. L. 95-128, Sec. 202(a), provided for determination of "development cost" without regard to mortgage limits applicable to housing projects subject to mortgages insured under section 1715v of this title. Subsec. (g). Pub. L. 95-128, Sec. 202(b), added subsec. (g). 1976 - Subsec. (a)(3). Pub. L. 94-375, Sec. 11(c)(1), substituted "average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made" for "current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans". Subsec. (a)(4)(B)(i). Pub. L. 94-375, Sec. 11(a), (c)(2), substituted "$1,475,000,000, which amount shall be increased to $2,387,500,000 on October 1, 1977, and to $3,300,000,000 on October 1, 1978" for "$800,000,000" and "the average interest rate on all interest bearing obligations of the United States then forming a part of the public debt, computed at the end of the fiscal year next preceding the date on which the loan is made" for "the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations", and inserted provision restricting the amount of notes or obligations issued to the Secretary of the Treasury to not more than $800,000,000. Subsec. (d)(4). Pub. L. 94-375, Sec. 11(b), included in definition of "elderly or handicapped families" two or more elderly or handicapped persons living together, one such person and another providing care for the first, or a surviving member of the family who was living in the unit at the time another member died. 1974 - Subsec. (a)(3). Pub. L. 93-383, Sec. 210(a), substituted provisions authorizing the Secretary of the Treasury to determine the interest rate, for provisions authorizing the Secretary of Housing and Urban Development to determine the interest rate. Subsec. (a)(4). Pub. L. 93-383, Sec. 210(d), redesignated existing provision as subsec. (a)(4)(A), inserted ", and the proceeds from notes or other obligations issued under subparagraph (B)," after "Amounts so appropriated", and added subsec. (a)(4)(B), (C). Subsec. (a)(5). Pub. L. 93-383, Sec. 210(e), added par. (5). Subsec. (d)(4). Pub. L. 93-383, Sec. 210(b), substituted "an impairment" for "a physical impairment" and inserted provisions relating to developmentally disabled individuals. Subsec. (d)(8). Pub. L. 93-383, Sec. 210(f), inserted "residing in the project or in the area" after "families". Subsec. (f). Pub. L. 93-383, Sec. 210(c), added subsec. (f). 1969 - Subsec. (a)(4). Pub. L. 91-152 increased by $150,000,000 on July 1, 1969 the amount authorized to be appropriated for the purposes of this section. 1968 - Subsec. (a)(1). Pub. L. 90-448, Sec. 1706(1), authorized assistance to limited profit sponsors. Subsec. (a)(2). Pub. L. 90-448, Sec. 1706(2), authorized loans to any limited profit sponsor approved by the Secretary. Subsec. (a)(3). Pub. L. 90-448, Sec. 1706(3), limited the amount of the loan to not more than 90 per centum of the development cost in the case of other than a corporation, consumer cooperative, or public body or agency. 1967 - Pub. L. 90-19, Sec. 16(a)(1), substituted "Secretary" for "Administrator" wherever appearing in subsecs. (a)(2) to (4), (b), (c)(2), (3), (d)(2), (4), and (e) of this section. Subsec. (c)(2). Pub. L. 90-19, Sec. 16(a)(2), struck out at end ", except that for purposes of this subsection the Administrator shall perform the functions vested in the Commissioner by such section 513". Subsec. (d)(6). Pub. L. 90-19, Sec. 16(a)(3), substituted definition of "Secretary" meaning the Secretary of Housing and Urban Development for "Administrator" meaning the Housing and Home Finance Administrator. 1965 - Subsec. (a)(3). Pub. L. 89-117, Sec. 105(b)(1), substituted "the lower of (A) 3 per centum per annum, or" for "the higher of (A) 2 3/4 per centum per annum, or". Subsec. (a)(4). Pub. L. 89-117, Sec. 105(a), increased amount authorized to be appropriated from $350,000,000 to $500,000,000. 1964 - Subsec. (a)(1), (2). Pub. L. 88-560, Sec. 203(a)(2)(A), substituted "elderly or handicapped families" for "elderly families and elderly persons". Subsec. (a)(4). Pub. L. 88-560, Sec. 201, increased amount authorized to be appropriated from $275,000,000 to $350,000,000. Subsec. (d)(1). Pub. L. 88-560, Sec. 203(a)(2)(B), included in definition of "housing" structures suitable for dwelling use by handicapped families, designated existing provisions as subpar. (A), and added subpar. (B). Subsec. (d)(4). Pub. L. 88-560, Sec. 203(a)(2)(C), substituted definitions of "elderly or handicapped families" and when "a person shall be considered handicapped" for former provisions defining "elderly families" as "families the head of which (or his spouse) is sixty-two years of age or over" and "elderly persons" as "persons who are sixty-two years of age or over". Subsec. (d)(7). Pub. L. 88-560, Sec. 203(a)(2)(D), redefined "construction" to include rehabilitation, alteration, conversion, or improvement of existing structures. Subsec. (d)(8). Pub. L. 88-560, Sec. 203 (a)(2)(E), redefined "existing facilities" by designating existing provisions as cl. (A), inserting in cl. (A) "by elderly or handicapped families" and "workshops", and adding cl. (B). Subsec. (e). Pub. L. 88-560, Sec. 203(a)(2)(A), substituted "elderly or handicapped families" for "elderly families and elderly persons" in two places. 1963 - Subsec. (a)(4). Pub. L. 88-158 increased amount authorized to be appropriated from $225,000,000 to $275,000,000. 1962 - Subsec. (a)(4). Pub. L. 87-723, Sec. 3(a), increased amount authorized to be appropriated from $125,000,000 to $225,000,000. Subsec. (d)(1). Pub. L. 87-723, Sec. 3(b)(1), redesignated subsec. (d)(1)(A) as entire subsec. (d)(1) and struck out subsec. (d)(1)(B) which included in definition of "housing" dwelling facilities provided by rehabilitation, alteration, conversion, or improvement of existing structures which were otherwise inadequate for proposed dwellings used by elderly families and persons. Subsec. (d)(7). Pub. L. 87-723, Sec. 3(b)(2), struck out ", or rehabilitation, alteration, conversion, or improvement of existing structures" after "new structures". Subsec. (d)(8). Pub. L. 87-723, Sec. 3(b)(3), redesignated subsec. (d)(8)(A) as entire subsec. (d)(8) and struck out subsec. (d)(8)(B) which included in definition of "related facilities" structures suitable for essential service facilities provided by rehabilitation, alteration, conversion, or improvement of existing structures which were otherwise inadequate for essential service facilities. 1961 - Subsec. (a)(1). Pub. L. 87-70, Sec. 201(a)(1), authorized assistance for consumer cooperatives and public bodies and agencies. Subsec. (a)(2). Pub. L. 87-70, Sec. 201(a)(2), authorized loans to consumer cooperatives and to public bodies or agencies, and prohibited loans to public bodies or agencies unless they certify that they are not receiving financial assistance exclusively pursuant to the United States Housing Act of 1937. Subsec. (a)(3). Pub. L. 87-70, Sec. 201(a)(3), (b), substituted "loan under this section" for "loan to a corporation under this section", and "may be in an amount not exceeding the total development cost" for "may be in an amount not exceeding 98 per centum of the total development cost". Subsec. (a)(4). Pub. L. 87-70, Sec. 201(c), increased amount authorized to be appropriated from $50,000,000 to $125,000,000, and struck out provisions which limited the amount outstanding at any one time for related facilities to not more than $5,000,000. Subsec. (c)(3). Pub. L. 87-70, Sec. 201(a)(4), substituted "credited to the corporation, cooperative, or public body or agency undertaking" for "credited to the corporation undertaking". Subsec. (e). Pub. L. 87-70, Sec. 201(d), added subsec. (e). EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-569, title VIII, Sec. 803, Dec. 27, 2000, 114 Stat. 3019, provided that: "(a) In General. - The provisions of this title [see section 801 of Pub. L. 106-569, set out as a Short Title of 2000 Amendment note under section 1701 of this title] and the amendments made by this title are effective as of the date of the enactment of this Act [Dec. 27, 2000], unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. "(b) Effect of Regulatory Authority. - Any authority in this title or the amendments made by this title to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this title or the amendments made by this title under such provisions and amendments and subsection (a) of this section." EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-74, title V, Sec. 503, Oct. 20, 1999, 113 Stat. 1101, provided that: "(a) In General. - The provisions of this title [see Short Title of 1999 Amendment note set out under section 1701 of this title] and the amendments made by this title are effective as of the date of the enactment of this Act [Oct. 20, 1999], unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain. "(b) Effect of Regulatory Authority. - Any authority in this title or the amendments made by this title to issue regulations, and any specific requirement to issue regulations by a date certain, may not be construed to affect the effectiveness or applicability of the provisions of this title or the amendments made by this title under such provisions and amendments and subsection (a) of this section." EFFECTIVE DATE OF 1992 AMENDMENT Amendment by sections 677(a) and 682(c) of Pub. L. 102-550 applicable on expiration of 6-month period beginning Oct. 28, 1992, see section 13642 of Title 42, The Public Health and Welfare. Amendment by section 1604(c)(3) of Pub. L. 102-550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as a note under section 191 of this title. EFFECTIVE DATE OF 1990 AMENDMENTS Section 801(c) of Pub. L. 101-625 provided that: "The amendments made by this section [amending this section and section 1439 of Title 42, The Public Health and Welfare] shall take effect on October 1, 1991, with respect to projects approved on or after such date. The Secretary shall issue regulations for such purpose after notice and an opportunity for public comment in accordance with section 553 of title 5, United States Code. Regulations shall be issued for comment not later than 180 days after the date of enactment of this Act [Nov. 28, 1990]." Amendment by section 955(c) of Pub. L. 101-625 applicable to any volunteer services provided before, on, or after Nov. 28, 1990, except that such amendment may not be construed to require repayment of any wages paid before Nov. 28, 1990, for services provided before such date, see section 955(d) of Pub. L. 101-625, set out as a note under section 1437j of Title 42. Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1358, provided that sections 801, 802, and 811 of Pub. L. 101-625 [enacting sections 8011 and 8013 of Title 42, amending this section and sections 1437g and 1439 of Title 42, and enacting provisions set out as notes under this section] are deemed enacted as of the date of enactment of Pub. L. 101-507, which was approved Nov. 5, 1990. EFFECTIVE DATE OF 1988 AMENDMENT Section 162(f) of Pub. L. 100-242 provided that: "(1) Except as otherwise provided in this section, the provisions of, and amendments made by, this section [amending this section and enacting and repealing provisions set out as notes below] shall not apply with respect to projects with loans or loan reservations made under section 202 of the Housing Act of 1959 [this section] before the implementation date under subsection (e) [section 162(e) of Pub. L. 100-242 set out below]. "(2) Notwithstanding paragraph (1), the Secretary shall apply the provisions of, and amendments made by, this section to any project if needed to facilitate the development of such project in a timely manner." EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENT Section 223(a)(2) of Pub. L. 98-181, as amended by Pub. L. 99- 120, Sec. 5(b), Oct. 8, 1985, 99 Stat. 504; Pub. L. 99-156, Sec. 5(b), Nov. 15, 1985, 99 Stat. 817; Pub. L. 99-219, Sec. 5(b), Dec. 26, 1985, 99 Stat. 1732; Pub. L. 99-267, Sec. 5(b), Mar. 27, 1986, 100 Stat. 75; Pub. L. 99-272, title III, Sec. 3011(b), Apr. 7, 1986, 100 Stat. 106; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat. 1327, which provided that the amendment made by paragraph (1), amending this section, shall apply only with respect to loan agreements entered into after September 30, 1982, and not later than March 15, 1988, was repealed by Pub. L. 100-242, title I, Sec. 161(c)(2), Feb. 5, 1988, 101 Stat. 1856. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Section 105(b)(2) of Pub. L. 89-117, as added by Pub. L. 89-754, title X, Sec. 1001(3), Nov. 3, 1966, 80 Stat. 1284, provided that: "The interest rate provided by the amendment made in paragraph (1) [amending this section] shall be applicable (A) with respect to any loan made on or after August 10, 1965, and (B) with respect to any loan made prior to such date if construction of the housing or related facilities to be assisted by such loan was not commenced prior to such date, and not completed prior to the filing of an application for the benefits of such interest rate." EFFECTIVE DATE OF 1962 AMENDMENT Section 3(b) of Pub. L. 87-723 provided that the amendments made by that section are effective with respect to applications for loans made under this section after Sept. 28, 1962. REGULATIONS Pub. L. 106-74, title V, Sec. 502, Oct. 20, 1999, 113 Stat. 1101, provided that: "The Secretary of Housing and Urban Development shall issue any regulations to carry out this title [see Short Title of 1999 Amendment note set out under section 1701 of this title] and the amendments made by this title that the Secretary determines may or will affect tenants of federally assisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by publication in the Federal Register. In issuing such regulations, the Secretary shall take such actions as may be necessary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rulemaking, as required by such section 553." INTERGENERATIONAL HOUSING ASSISTANCE Pub. L. 108-186, title II, Dec. 16, 2003, 117 Stat. 2688, provided that: "SEC. 201. SHORT TITLE. "This title may be cited as the 'Living Equitably: Grandparents Aiding Children and Youth Act of 2003' or the 'LEGACY Act of 2003'. "SEC. 202. DEFINITIONS. "In this title: "(1) Child. - The term 'child' means an individual who - "(A) is not attending school and is not more than 18 years of age; or "(B) is attending school and is not more than 19 years of age. "(2) Covered family. - The term 'covered family' means a family that - "(A) includes a child; and "(B) has a head of household who is - "(i) a grandparent of the child who is raising the child; or "(ii) a relative of the child who is raising the child. "(3) Elderly person. - The term 'elderly person' has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). "(4) Grandparent. - "(A) In general. - The term 'grandparent' means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. "(B) Case of adoption. - In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted. "(5) Intergenerational dwelling unit. - The term 'intergenerational dwelling unit' means a qualified dwelling unit that is reserved for occupancy only by an intergenerational family. "(6) Intergenerational family. - The term 'intergenerational family' means a covered family that has a head of household who is an elderly person. "(7) Private nonprofit organization. - The term 'private nonprofit organization' has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). "(8) Qualified dwelling unit. - The term 'qualified dwelling unit' means a dwelling unit that - "(A) has not fewer than 2 separate bedrooms; "(B) is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and "(C) is equipped with design features appropriate to meet the special physical needs of young children, as needed. "(9) Raising a child. - The term 'raising a child' means, with respect to an individual, that the individual - "(A) resides with the child; and "(B) is the primary caregiver for the child - "(i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and "(ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child. "(10) Relative. - "(A) In general. - The term 'relative' means, with respect to a child, an individual who - "(i) is not a parent of the child by blood or marriage; and "(ii) is a relative of the child by blood or marriage, regardless of the age of the individual. "(B) Case of adoption. - In the case of a child who was adopted, the term 'relative' includes an individual who, by blood or marriage, is a relative of the family who adopted the child. "(11) Secretary. - The term 'Secretary' means the Secretary of Housing and Urban Development. "SEC. 203. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES. "(a) Demonstration Program. - The Secretary shall carry out a demonstration program (referred to in this section as the 'demonstration program') to provide assistance for intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). "(b) Intergenerational Dwelling Units. - The Secretary shall provide assistance under this section only to private nonprofit organizations selected under subsection (d) for use only for expanding the supply of intergenerational dwelling units, which units shall be provided - "(1) by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); "(2) through development of buildings or projects comprised solely of intergenerational dwelling units; or "(3) through the development of an annex or addition to an existing project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling. "(c) Program Terms. - Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that - "(1) notwithstanding subsection (d)(1) of that section 202 or any provision of that section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied by an intergenerational family; "(2) subsections (e) and (f) of that section 202 shall not apply; "(3) in addition to the requirements under subsection (g) of that section 202, the Secretary shall - "(A) ensure that occupants of intergenerational dwelling units assisted under the demonstration program are provided a range of services that are tailored to meet the needs of elderly persons, children, and intergenerational families; and "(B) coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and "(4) the Secretary may waive or alter any other provision of that section 202 necessary to provide for assistance under the demonstration program. "(d) Selection. - The Secretary shall - "(1) establish application procedures for private nonprofit organizations to apply for assistance under this section; and "(2) to the extent that amounts are made available pursuant to subsection (f), select not less than 2 and not more than 4 projects that are assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for assistance under this section, based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among those projects funded. "(e) Report. - Not later than 36 months after the date of enactment of this Act [Dec. 16, 2003], the Secretary shall submit a report to Congress that - "(1) describes the demonstration program; and "(2) analyzes the effectiveness of the demonstration program. "(f) Authorization of Appropriations. - There are authorized to be appropriated $10,000,000 to carry out this section. "(g) Sunset. - The demonstration program carried out under this section shall terminate 5 years after the date of enactment of this Act. "SEC. 204. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT- HEADED AND RELATIVE-HEADED FAMILIES ISSUES. [Amended section 3535 of Title 42, The Public Health and Welfare.] "SEC. 205. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES. "(a) In General. - The Secretary and the Director of the Bureau of the Census jointly shall - "(1) conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs; and "(2) submit a report to Congress regarding the results of the study conducted under paragraph (1). "(b) Report and Recommendations. - The report required under subsection (a) shall - "(1) be submitted to Congress not later than 12 months after the date of enactment of this Act [Dec. 16, 2003]; and "(2) include recommendations by the Secretary and the Director of the Bureau of the Census regarding how the major assisted housing programs of the Department of Housing and Urban Development, including the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families." PREPAYMENT AND REFINANCING Pub. L. 106-569, title VIII, Sec. 811, Dec. 27, 2000, 114 Stat. 3019, as amended by Pub. L. 107-116, title VI, Sec. 633(a), Jan. 10, 2002, 115 Stat. 2228, provided that: "(a) Approval of Prepayment of Debt. - Upon request of the project sponsor of a project assisted with a loan under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q](as in effect before the enactment of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101-625, which was approved Nov. 28, 1990]), the Secretary shall approve the prepayment of any indebtedness to the Secretary relating to any remaining principal and interest under the loan as part of a prepayment plan under which - "(1) the project sponsor agrees to operate the project until the maturity date of the original loan under terms at least as advantageous to existing and future tenants as the terms required by the original loan agreement or any rental assistance payments contract under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] (or any other rental housing assistance programs of the Department of Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)) relating to the project; and "(2) the prepayment may involve refinancing of the loan if such refinancing results in a lower interest rate on the principal of the loan for the project and in reductions in debt service related to such loan. "(b) Sources of Refinancing. - In the case of prepayment under this section involving refinancing, the project sponsor may refinance the project through any third party source, including financing by State and local housing finance agencies, use of tax- exempt bonds, multi-family mortgage insurance under the National Housing Act [12 U.S.C. 1701 et seq.], reinsurance, or other credit enhancements, including risk sharing as provided under section 542 of the Housing and Community Development Act of 1992 [12 U.S.C. 1715z-22]([former] 12 U.S.C. 1707 note). For purposes of underwriting a loan insured under the National Housing Act, the Secretary may assume that any section 8 rental assistance contract relating to a project will be renewed for the term of such loan. "(c) Use of Unexpended Amounts. - Upon execution of the refinancing for a project pursuant to this section, the Secretary shall make available at least 50 percent of the annual savings resulting from reduced section 8 or other rental housing assistance contracts in a manner that is advantageous to the tenants, including - "(1) not more than 15 percent of the cost of increasing the availability or provision of supportive services, which may include the financing of service coordinators and congregate services; "(2) rehabilitation, modernization, or retrofitting of structures, common areas, or individual dwelling units; "(3) construction of an addition or other facility in the project, including assisted living facilities (or, upon the approval of the Secretary, facilities located in the community where the project sponsor refinances a project under this section, or pools shared resources from more than one such project); or "(4) rent reduction of unassisted tenants residing in the project according to a pro rata allocation of shared savings resulting from the refinancing. "(d) Use of Certain Project Funds. - The Secretary shall allow a project sponsor that is prepaying and refinancing a project under this section - "(1) to use any residual receipts held for that project in excess of $500 per individual dwelling unit for not more than 15 percent of the cost of activities designed to increase the availability or provision of supportive services; and "(2) to use any reserves for replacement in excess of $1,000 per individual dwelling unit for activities described in paragraphs (2) and (3) of subsection (c)." [Pub. L. 107-116, title VI, Sec. 633(b), Jan. 10, 2002, 115 Stat. 2228, provided that: "The amendment made by subsection (a) of this section [amending section 811 of Pub. L. 106-569, set out above] shall take effect upon the date of the enactment of this Act [Jan. 10, 2002] and the provisions of section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note), as amended by subsection (a) of this section, shall apply as so amended upon such date of enactment, notwithstanding - ["(1) any authority of the Secretary of Housing and Urban Development to issue regulations to implement or carry out the amendments made by subsection (a) of this section or the provisions of section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note); or ["(2) any failure of the Secretary of Housing and Urban Development to issue any such regulations authorized."] CONSIDERATION OF COSTS OF PROVIDING SERVICE COORDINATORS IN DETERMINING AMOUNT OF HOUSING ASSISTANCE Section 677(b) of Pub. L. 102-550 provided that: "(1) Availability of section 8 assistance. - Subject to the availability of appropriations for contract amendments for the purpose of this paragraph, in determining the amount of assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] to be provided for a project assisted under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], as in effect before the effectiveness of the amendments made by section 801 of the Cranston- Gonzalez National Affordable Housing Act [Pub. L. 101-625, see Effective Date of 1990 Amendment note above], the Secretary shall consider (and annually adjust for) the costs of - "(A) employing or otherwise retaining the services of one or more service coordinators under section 661 [671] of this Act [42 U.S.C. 13631] to coordinate the provision of any services within the project for residents of the project who are elderly families and disabled families; and "(B) expenses for the provision of such services. Not more than 15 percent of the cost of the provision of services under subparagraph (B) may be considered under this paragraph for purposes of determining the amount of assistance provided. "(2) Inapplicability of hud reform act provisions. - Notwithstanding section 102 of the Department of Housing and Urban Development Reform Act of 1989 [42 U.S.C. 3545], the provisions of paragraphs (1), (2), and (3) of subsection (a) of such section shall not apply to amendments to contracts under section 8 of the United States Housing Act of 1937 made to carry out the purposes of paragraph (1) of this subsection. "(3) Limitation. - If a project is receiving congregate housing services assistance under the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.] or section 802 of the Cranston- Gonzalez National Affordable Housing Act [42 U.S.C. 8011], the amount of costs provided pursuant to paragraph (1) for the project may not exceed the additional amount necessary to cover the costs of providing for the coordination of services for residents of the project who are not eligible residents under such section 802 or eligible project residents under the Congregate Housing Services Act of 1978, as applicable." EXPEDITED FINANCING AND CONSTRUCTION Section 801(d) of Pub. L. 101-625 provided that: "(1) In general. - The Secretary may, subject to the availability of appropriations for contract amendments for the purposes of this subsection - "(A) provide such adjustments and waivers to the cost limitations specified under 24 CFR 885.410(a)(1); and "(B) make such adjustments to the relevant fair market rent limitations established under section 8(c)(1) of the United States Housing Act of 1937 [42 U.S.C. 1437f(c)(1)] in providing assistance under such Act, as are necessary to ensure the expedited financing and construction of qualified supportive housing for the elderly provided that the Secretary finds that any applicable cost containment rules and regulations have been satisfied. "(2) Definition. - For purposes of this subsection, the term 'supportive housing for the elderly' means housing - "(A) located in a high-cost jurisdiction; and "(B) for which a loan reservation was made under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], 3 years before the date of enactment of this Act [Nov. 28, 1990] but for which no loan has been executed and recorded." FEASIBILITY OF INCLUDING ELDER COTTAGE HOUSING OPPORTUNITY UNITS AS ELIGIBLE DEVELOPMENT COSTS Section 806(b) of Pub. L. 101-625, as amended by Pub. L. 102-550, title VI, Sec. 602(d), Oct. 28, 1992, 106 Stat. 3804, provided that: "(1) In general. - The Secretary of Housing and Urban Development shall carry out a program to determine the feasibility of including, as an eligible development cost under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q], the cost of purchasing and installing elder cottage housing opportunity units that are small, freestanding, barrier-free, energy efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings. In conducting the demonstration, the Secretary shall determine whether the durability of such units is appropriate for making such units generally eligible for assistance under the programs under such sections. "(2) Allocation. - Notwithstanding any other law, the Secretary shall reserve from any amounts available for capital advances and project rental assistance under section 202 of the Housing Act of 1959, amounts sufficient in each of fiscal years 1993 and 1994 to provide not less than 100 units under the demonstration under this subsection in connection with each such section. Any amounts reserved under this paragraph shall be available only for carrying out the demonstration under this subsection and, for purposes of the demonstration, the cost of purchasing and installing an elder cottage housing opportunity unit shall be considered an eligible development cost under sections [sic] 202 of the Housing Act of 1959. "(3) Report. - Not later than January 1, 1994, the Secretary shall submit a report to the Congress on the results of the demonstration under this subsection, which shall be based on actual experience in implementing this subsection. "(4) Implementation. - The Secretary shall issue regulations to carry out the demonstration under this subsection not later than the expiration of the 6-month period beginning on the date of the enactment of the Housing and Community Development Act of 1992 [Oct. 28, 1992]." PREFERENCES FOR NATIVE HAWAIIANS ON HAWAIIAN HOME LANDS UNDER HUD PROGRAMS Secretary of Housing and Urban Development to provide a preference to native Hawaiians for housing assistance programs under this section for housing located on Hawaiian home lands, see section 958 of Pub. L. 101-625, set out as a note under section 1437f of Title 42, The Public Health and Welfare. FINDINGS AND PURPOSE OF 1988 AMENDMENT Section 162(a) of Pub. L. 100-242 provided that: "(1) The Congress finds that - "(A) housing for nonelderly handicapped families is assisted under section 202 of the Housing Act of 1959 [12 U.S.C. 1701q] and section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f]; "(B) the housing programs under such sections are designed and implemented primarily to assist rental housing for elderly and nonelderly families and are often inappropriate for dealing with the specialized needs of the physically impaired, the developmentally disabled, and the chronically mentally ill; "(C) the development of housing for nonelderly handicapped families under such programs is often more expensive than necessary, thereby reducing the number of such families that can be assisted with available funds; "(D) the program under section 202 of the Housing Act of 1959 can continue to provide direct loans to finance group residences and independent apartments for nonelderly handicapped families, but can be made more efficient and less costly by the adoption of standards and procedures applicable only to housing for such families; "(E) the cost containment policies currently being implemented in the development of small group homes (i) do not adequately reflect the necessity for building designs to meet the needs of the designated residents; and (ii) do not recognize necessary State and local standards for the operation of such homes; "(F) the use of the program under section 8 of the United States Housing Act of 1937 to assist rentals for housing for nonelderly handicapped families is time consuming and unnecessarily costly and, in some areas of the Nation, prevents the development of such housing; "(G) the use of the program under section 8 of the United States Housing Act of 1937 to assist rentals for housing for nonelderly handicapped families should be replaced by a more appropriate subsidy mechanism; "(H) both elderly and handicapped housing projects assisted under section 202 of the Housing Act of 1959 will benefit from an increased emphasis on supportive services and a greater use of State and local funds; and "(I) an improved program for nonelderly handicapped families will assist in providing shelter and supportive services for mentally ill persons who might otherwise be homeless. "(2) The purpose of this section is to improve the direct loan program under section 202 of the Housing Act of 1959 to ensure that such program meets the special housing and related needs of nonelderly handicapped families." TERMINATION OF SECTION 8 ASSISTANCE Section 162(d) of Pub. L. 100-242 provided that: "On and after the first date that amounts approved in an appropriation Act for any fiscal year become available for contracts under section 202(h)(4)(A) of the Housing Act of 1959 [12 U.S.C. 1701q(h)(4)(A)], as amended by subsection (b) of this section, no project for handicapped (primarily nonelderly) families approved for such fiscal year pursuant to section 202 of such Act shall be provided assistance payments under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f], except pursuant to a reservation for a contract to make such assistance payments that was made before the first date that amounts for contracts under such section 202(h)(4)(A) became available." IMPLEMENTATION OF 1988 AMENDMENT Section 162(e) of Pub. L. 100-242 provided that: "Not later than the expiration of the 120-day period following the date of the enactment of this Act [Feb. 5, 1988], the Secretary of Housing and Urban Development shall, to the extent amounts are approved in an appropriation Act for use under section 202(h)(4)(A) of the Housing Act of 1959 [12 U.S.C. 1701q(h)(4)(A)] for fiscal year 1988, publish in the Federal Register a notice of fund availability to implement the provisions of, and amendments made by, this section [amending this section and enacting and repealing provisions set out above]. The Secretary shall issue such rules as may be necessary to carry out such provisions and amendments for fiscal year 1989 and thereafter." HOUSING FOR THE ELDERLY OR HANDICAPPED FUND Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1361, provided: "That, notwithstanding section 202(a)(3) of the Housing Act of 1959 [12 U.S.C. 1701q(a)(3)], any such obligations [direct loan obligations made in fiscal year 1991] 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." Similar provisions were contained in the following prior appropriation acts: Pub. L. 101-144, title II, Nov. 9, 1989, 103 Stat. 847. Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1016. Pub. L. 100-202, Sec. 101(f) [title I], Dec. 22, 1987, 101 Stat. 1329-187, 1329-190. Pub. L. 99-500, Sec. 101(g) [H.R. 5313, title I], Oct. 18, 1986, 100 Stat. 1783-242, and Pub. L. 99-591, Sec. 101(g), Oct. 30, 1986, 100 Stat. 3341-242. Pub. L. 99-160, title I, Nov. 25, 1985, 99 Stat. 911. Pub. L. 98-371, title I, July 18, 1984, 98 Stat. 1216. Pub. L. 98-45, title I, as added Pub. L. 98-181, title I, Nov. 30, 1983, 97 Stat. 1153. REPORTS RESPECTING ELDERLY AND HANDICAPPED HOUSING PROGRAMS IN RURAL AREAS, ETC. Section 306(e), (f) of Pub. L. 96-153 required Secretary of Housing and Urban Development, not later than six months after Dec. 21, 1979, to report to Congress on housing needs of elderly and handicapped in rural areas and recommend to Congress on means to reduce costs of program carried out under this section. FEASIBILITY AND MARKETABILITY OF PROJECTS; ASSISTANCE FOR PROJECTS SERVICING LOW- AND MODERATE-INCOME FAMILIES Section 210(g) of Pub. L. 93-383 provided that: "(1) In determining the feasibility and marketability of a project under section 202 of the Housing Act of 1959 [this section], the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] with respect to such a project. "(2) The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance of vacancies to await tenants of one income level where tenants of another income level are available." -FOOTNOTE- (!1) So in original. Probably should be "(n)". -End- -CITE- 12 USC Sec. 1701q-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701q-1. Civil money penalties against mortgagors under section 1701q of this title -STATUTE- (a) In general The penalties set forth in this section shall be in addition to any other available civil remedy or criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. The Secretary may not impose penalties under this section for violations a material cause of which are the failure of the Department, an agent of the Department, or a public housing agency to comply with existing agreements. (b) Penalty for violation of agreement as condition of transfer of physical assets, flexible subsidy loan, capital improvement loan, modification of mortgage terms, or workout agreement (1) In general Whenever a mortgagor of property that includes 5 or more living units and that has a mortgage held pursuant to section 1701q of this title, who has agreed in writing, as a condition of a transfer of physical assets, a flexible subsidy loan, a capital improvement loan, a modification of the mortgage terms, or a workout agreement, to use nonproject income to make cash contributions for payments due under the note and mortgage, for payments to the reserve for replacements, to restore the project to good physical condition, or to pay other project liabilities, knowingly and materially fails to comply with any of these commitments, the Secretary may impose a civil money penalty on the mortgagor in accordance with the provisions of this section. (2) Amount The amount of the penalty, as determined by the Secretary, for a violation of this subsection may not exceed the amount of the loss the Secretary would incur at a foreclosure sale, or sale after foreclosure, with respect to the property involved. (c) Violations of regulatory agreement (1) In general The Secretary may also impose a civil money penalty on a mortgagor or property that includes 5 or more living units and that has a mortgage held pursuant to section 1701q of this title for any knowing and material violation of the regulatory agreement executed by the mortgagor, as follows: (A) Conveyance, transfer, or encumbrance of any of the mortgaged property, or permitting the conveyance, transfer, or encumbrance of such property, without the prior written approval of the Secretary. (B) Assignment, transfer, disposition, or encumbrance of any personal property of the project, including rents, or paying out any funds, except for reasonable operating expenses and necessary repairs, without the prior written approval of the Secretary. (C) Conveyance, assignment, or transfer of any beneficial interest in any trust holding title to the property, or the interest of any general partner in a partnership owning the property, or any right to manage or receive the rents and profits from the mortgaged property, without the prior written approval of the Secretary. (D) Remodeling, adding to, reconstructing, or demolishing any part of the mortgaged property or subtracting from any real or personal property of the project, without the prior written approval of the Secretary. (E) Requiring, as a condition of the occupancy or leasing of any unit in the project, any consideration or deposit other than the prepayment of the first month's rent, plus a security deposit in an amount not in excess of 1 month's rent, to guarantee the performance of the covenants of the lease. (F) Not holding any funds collected as security deposits separate and apart from all other funds of the project in a trust account, the amount of which at all times equals or exceeds the aggregate of all outstanding obligations under the account. (G) Payment for services, supplies, or materials which exceeds $500 and substantially exceeds the amount ordinarily paid for such services, supplies, or materials in the area where the services are rendered or the supplies or materials furnished. (H) Failure to maintain at any time the mortgaged property, equipment, buildings, plans, offices, apparatus, devices, books, contracts, records, documents, and other related papers (including failure to keep copies of all written contracts or other instruments which affect the mortgaged property) in reasonable condition for proper audit and for examination and inspection at any reasonable time by the Secretary or any duly authorized agents of the Secretary. (I) Failure to maintain the books and accounts of the operations of the mortgaged property and of the project in accordance with requirements prescribed by the Secretary. (J) Failure to furnish the Secretary, by the expiration of the 60-day period beginning on the 1st day after the completion of each fiscal year, with a complete annual financial report based upon an examination of the books and records of the mortgagor prepared in accordance with requirements prescribed by the Secretary, and prepared and certified to by an independent public accountant or a certified public accountant and certified to by an officer of the mortgagor, unless the Secretary has approved an extension of the 60-day period in writing. The Secretary shall approve an extension where the mortgagor demonstrates that failure to comply with this subparagraph is due to events beyond the control of the mortgagor. (K) At the request of the Secretary, the agents of the Secretary, the employees of the Secretary, or the attorneys of the Secretary, failure to furnish monthly occupancy reports or failure to provide specific answers to questions upon which information is sought relative to income, assets, liabilities, contracts, the operation and condition of the property, or the status of the mortgage. (L) Failure to make promptly all payments due under the note and mortgage, including tax and insurance escrow payments, and payments to the reserve for replacements when there is adequate project income available to make such payments. (M) Amending the articles of incorporation or bylaws, other than as permitted under the terms of the articles of incorporation as approved by the Secretary, without the prior written approval of the Secretary. (2) Amount of penalty A penalty imposed for a violation under this subsection, as determined by the Secretary, may not exceed $25,000 for a violation of any of the subparagraphs of paragraph (1). (d) Agency procedures (1) Establishment The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsections (b) and (c) of this section. These standards and procedures - (A) shall provide for the Secretary or other department official (such as the Assistant Secretary for Housing) to make the determination to impose a penalty; (B) shall provide for the imposition of a penalty only after the mortgagor has been given an opportunity for a hearing on the record; and (C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. (2) Final orders If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. (3) Factors in determining amount of penalty In determining the amount of a penalty under subsection (b) or (c) of this section, consideration shall be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occurring before December 15, 1989), ability to pay the penalty, injury to the tenants, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (4) Reviewability of imposition of penalty The Secretary's determination or order imposing a penalty under subsection (b) or (c) of this section shall not be subject to review, except as provided in subsection (e) of this section. (e) Judicial review of agency determination (1) In general After exhausting all administrative remedies established by the Secretary under subsection (d)(1) of this section, a mortgagor against whom the Secretary has imposed a civil money penalty under subsection (b) or (c) of this section may obtain a review of the penalty and such ancillary issues as may be addressed in the notice of determination to impose a penalty under subsection (d)(1)(A) of this section in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the Secretary's order or determination be modified or be set aside in whole or in part. (2) Objections not raised in hearing The court shall not consider any objection that was not raised in the hearing conducted pursuant to subsection (d)(1) of this section unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of such additional evidence. (3) Scope of review The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to section 706 of title 5. (4) Order to pay penalty Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. (f) Action to collect penalty If a mortgagor fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (b) or (c) of this section, after the determination or order is no longer subject to review as provided by subsections (d)(1) and (e) of this section, the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the mortgagor and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. (g) Settlement by Secretary The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (h) "Knowingly" defined The term "knowingly" means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (i) Regulations The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (j) Deposit of penalties in insurance funds Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the fund established under section 1715z-1a(j) of this title. -SOURCE- (Pub. L. 86-372, title II, Sec. 202a, as added Pub. L. 101-235, title I, Sec. 109(a), Dec. 15, 1989, 103 Stat. 2007.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1959, and not as part of the National Housing Act which comprises this chapter. -MISC1- EFFECTIVE DATE Section 109(b) of Pub. L. 101-235 provided that: "The amendment made by subsection (a) [enacting this section] shall apply only with respect to violations referred to in the amendment that occur on or after the effective date of this section [Dec. 15, 1989]." -End- -CITE- 12 USC Sec. 1701q-2 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701q-2. Grants for conversion of elderly housing to assisted living facilities -STATUTE- (a) Grant authority The Secretary of Housing and Urban Development may make grants in accordance with this section to owners of eligible projects described in subsection (b) of this section for one or both of the following activities: (1) Repairs Substantial capital repairs to projects that are needed to rehabilitate, modernize, or retrofit aging structures, common areas, or individual dwelling units. (2) Conversion Activities designed to convert dwelling units in the eligible project to assisted living facilities for elderly persons. (b) Eligible projects An eligible project described in this subsection is a multifamily housing project that is - (1)(A) described in subparagraph (B), (C), (D), (E), (F), or (G) of section 13641(2) of title 42, or (B) only to the extent amounts of the Department of Agriculture are made available to the Secretary of Housing and Urban Development for such grants under this section for such projects, subject to a loan made or insured under section 1485 of title 42; (2) owned by a private nonprofit organization (as such term is defined in section 1701q of this title); and (3) designated primarily for occupancy by elderly persons. Notwithstanding any other provision of this subsection or this section, an unused or underutilized commercial property may be considered an eligible project under this subsection, except that the Secretary may not provide grants under this section for more than three such properties. For any such projects, any reference under this section to dwelling units shall be considered to refer to the premises of such properties. (c) Applications Applications for grants under this section shall be submitted to the Secretary in accordance with such procedures as the Secretary shall establish. Such applications shall contain - (1) a description of the substantial capital repairs or the proposed conversion activities for which a grant under this section is requested; (2) the amount of the grant requested to complete the substantial capital repairs or conversion activities; (3) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this section; and (4) such other information or certifications that the Secretary determines to be necessary or appropriate. (d) Funding for services The Secretary may not make a grant under this section for conversion activities unless the application contains sufficient evidence, in the determination of the Secretary, of firm commitments for the funding of services to be provided in the assisted living facility, which may be provided by third parties. (e) Selection criteria The Secretary shall select applications for grants under this section based upon selection criteria, which shall be established by the Secretary and shall include - (1) in the case of a grant for substantial capital repairs, the extent to which the project to be repaired is in need of such repair, including such factors as the age of improvements to be repaired, and the impact on the health and safety of residents of failure to make such repairs; (2) in the case of a grant for conversion activities, the extent to which the conversion is likely to provide assisted living facilities that are needed or are expected to be needed by the categories of elderly persons that the assisted living facility is intended to serve, with a special emphasis on very low-income elderly persons who need assistance with activities of daily living; (3) the inability of the applicant to fund the repairs or conversion activities from existing financial resources, as evidenced by the applicant's financial records, including assets in the applicant's residual receipts account and reserves for replacement account; (4) the extent to which the applicant has evidenced community support for the repairs or conversion, by such indicators as letters of support from the local community for the repairs or conversion and financial contributions from public and private sources; (5) in the case of a grant for conversion activities, the extent to which the applicant demonstrates a strong commitment to promoting the autonomy and independence of the elderly persons that the assisted living facility is intended to serve; (6) in the case of a grant for conversion activities, the quality, completeness, and managerial capability of providing the services which the assisted living facility intends to provide to elderly residents, especially in such areas as meals, 24-hour staffing, and on-site health care; and (7) such other criteria as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively. (f) Section 8 project-based assistance (1) Eligibility Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f], in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project. (2) Calculation of rent For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living. (g) Definitions For the purposes of this section - (1) the term "assisted living facility" has the meaning given such term in section 1715w(b) of this title; and (2) the definitions in section 1701q(k) of this title shall apply. (h) Authorization of appropriations There is authorized to be appropriated for providing grants under this section such sums as may be necessary for fiscal year 2000. -SOURCE- (Pub. L. 86-372, title II, Sec. 202b, as added and amended Pub. L. 106-74, title V, Secs. 522, 523(b), Oct. 20, 1999, 113 Stat. 1103, 1105.) -COD- CODIFICATION Section was enacted as part of the Housing Act of 1959, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1999 - Subsecs. (f) to (h). Pub. L. 106-74 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. -End- -CITE- 12 USC Sec. 1701q-3 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701q-3. Funds for housing for elderly and persons with disabilities available for cost of maintenance and disposal of such properties -STATUTE- Notwithstanding any other provision of law, for this fiscal year and every fiscal year thereafter, funds appropriated for housing for the elderly, as authorized by section 1701q of this title, as amended, and for supportive housing for persons with disabilities, as authorized by section 8013 of title 42, shall be available for the cost of maintaining and disposing of such properties that are acquired or otherwise become the responsibility of the Department. -SOURCE- (Pub. L. 109-115, div. A, title III, Sec. 313, Nov. 30, 2005, 119 Stat. 2463.) -COD- CODIFICATION Section was enacted as part of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006, and also as part of the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, and the Department of Housing and Urban Development Appropriations Act, 2006, and not as part of the National Housing Act which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in the following prior appropriations acts: Pub. L. 108-447, div. I, title II, Sec. 213, Dec. 8, 2004, 118 Stat. 3318. Pub. L. 108-199, div. G, title II, Sec. 221, Jan. 23, 2004, 118 Stat. 398. -End- -CITE- 12 USC Sec. 1701r 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701r. Congressional findings respecting housing for senior citizens -STATUTE- The Congress finds that there is a large and growing need for suitable housing for older people both in urban and rural areas. Our older citizens face special problems in meeting their housing needs because of the prevalence of modest and limited incomes among the elderly, their difficulty in obtaining liberal long-term home mortgage credit, and their need for housing planned and designed to include features necessary to the safety and convenience of the occupants in a suitable neighborhood environment. The Congress further finds that the present programs for housing the elderly under the Department of Housing and Urban Development have proven the value of Federal credit assistance in this field and at the same time demonstrated the urgent need for an expanded and more comprehensive effort to meet our responsibilities to our senior citizens. -SOURCE- (Pub. L. 87-723, Sec. 2, Sept. 28, 1962, 76 Stat. 670; Pub. L. 90- 19, Sec. 19, May 25, 1967, 81 Stat. 25.) -COD- CODIFICATION Section was enacted as part of the Senior Citizens Housing Act of 1962, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Department of Housing and Urban Development" for "Housing and Home Finance Agency" in second sentence. -End- -CITE- 12 USC Sec. 1701r-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701r-1. Pet ownership in assisted rental housing for the elderly or handicapped -STATUTE- (a) Restrictions on ownership No owner or manager of any federally assisted rental housing for the elderly or handicapped may - (1) as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or (2) restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. (b) Rules and regulations (1) Not later than the expiration of the twelve-month period following November 30, 1983, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) of this section with respect to any program of assistance referred to in subsection (d) of this section that is administered by such Secretary; and (B) attaining the goal of providing decent, safe, and sanitary housing for the elderly or handicapped. (2) Such regulations shall establish guidelines under which the owner or manager of any federally assisted rental housing for the elderly or handicapped (A) may prescribe reasonable rules for the keeping of pets by tenants in such housing; and (B) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care. (c) Removal of pets constituting a nuisance Nothing in this section may be construed to prohibit any owner or manager of federally assisted rental housing for the elderly or handicapped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the removal from any such housing of any pet whose conduct or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located. (d) "Federally assisted rental housing for the elderly or handicapped" defined For purposes of this section, the term "federally assisted rental housing for the elderly or handicapped" means any rental housing project that - (1) is assisted under section 1701q of this title; or (2) is assisted under the United States Housing Act of 1937 [42 U.S.C. 1435 et seq.], the National Housing Act [12 U.S.C. 1701 et seq.], or title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], and is designated for occupancy by elderly or handicapped families, as such term is defined in section 1701q(d)(4) (!1) of this title. -SOURCE- (Pub. L. 98-181, title II, Sec. 227, Nov. 30, 1983, 97 Stat. 1195.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (d)(2), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. The National Housing Act, referred to in subsec. (d)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to this chapter (Sec. 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. The Housing Act of 1949, referred to in subsec. (d)(2), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing Act of 1949 is classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. Section 1701q of this title, referred to in subsec. (d)(2), was amended generally by Pub. L. 101-625, title VIII, Sec. 801(a), Nov. 28, 1990, 104 Stat. 4297, and, as so amended, no longer contains a subsec. (d)(4) or a definition of the term "elderly or handicapped families". -COD- CODIFICATION Section was enacted as part of the Housing and Urban-Rural Recovery Act of 1983 and also as part of the Domestic Housing and International Recovery and Financial Stability Act, and not as part of the National Housing Act which comprises this chapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 12 USC Sec. 1701s 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701s. Rent supplement payments for qualified lower income families -STATUTE- (a) Authorization; maximum term; maximum aggregate amount The Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") is authorized to make, and contract to make, annual payments to a "housing owner" on behalf of "qualified tenants", as those terms are defined herein, in such amounts and under such circumstances as are prescribed in or pursuant to this section. In no case shall a contract provide for such payments with respect to any housing for a period exceeding forty years. The aggregate amount of the contracts to make such payments shall not exceed amounts approved in appropriation Acts, and payments pursuant to such contracts shall not exceed $150,000,000 per annum prior to July 1, 1969, which maximum dollar amount shall be increased by $40,000,000, on July 1, 1969, by $100,000,000 on July 1, 1970, and by $40,000,000 on July 1, 1971. (b) "Housing owner" defined; limitation on payments to housing owner As used in this section, the term "housing owner" means a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is a mortgagor under section 221(d)(3) of the National Housing Act [12 U.S.C. 1715l(d)(3)] and which, after August 10, 1965, has been approved for mortgage insurance thereunder and has been approved for receiving the benefits of this section: Provided, That, except as provided in subsection (j) of this section, no payments under this section may be made with respect to any property financed with a mortgage receiving the benefits of the interest rate provided for in the proviso in section 221(d)(5) of that Act [12 U.S.C. 1715l(d)(5)]. Such term also includes a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is the owner of a rental or cooperative housing project financed under a State or local program providing assistance through loans, loan insurance, or tax abatement and which may involve either new or existing construction and which is approved for receiving the benefits of this section. Subject to the limitations provided in subsection (j) of this section, the term "housing owner" also has the meaning prescribed in such subsection. Nothing in this section shall be construed as preventing payments to a housing owner with respect to projects in which all or part of the dwelling units do not contain kitchen facilities; but of the total amount of contracts to make annual payments approved in appropriation Acts pursuant to subsection (a) of this section after December 31, 1970, not more than 10 per centum in the aggregate shall be made with respect to such projects. (c) Definitions As used in this section, the term - (1) "qualified tenant" means any individual or family having an income which would qualify such individual or family for assistance under section 1437f of title 42, except that such term shall also include any individual or family who was receiving assistance under this section on the day preceding December 21, 1979, so long as such individual or family continues to meet the conditions for such assistance which were in effect on such day; and (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. The terms "qualified tenant" and "tenant" include a member of a cooperative who satisfies the foregoing requirements and who, upon resale of his membership to the cooperative, will not be reimbursed for any equity increment accumulated through payments under this section. With respect to members of a cooperative, the terms "rental" and "rental charges" mean the charges under the occupancy agreements between such members and the cooperative. (d) Annual payment amount 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. (e) Criteria and procedure for determining eligibility and rental charges; recertification of income; agreements for services required in selection of tenants; delegation of authority to issue certificates (1) For purposes of carrying out the provisions of this section, the Secretary shall establish criteria and procedures for determining the eligibility of occupants and rental charges, including criteria and procedures with respect to periodic review of tenant incomes and periodic adjustment of rental charges. (2) Procedures adopted by the Secretary hereunder shall provide for recertifications of the incomes of occupants no less frequently than annually for the purpose of adjusting rental charges and annual payments on the basis of occupants' incomes, but in no event shall rental charges adjusted under this section for any dwelling exceed the fair market rental of the dwelling. (3) The Secretary may enter into agreements, or authorize housing owners to enter into agreements, with public or private agencies for services required in the selection of qualified tenants, including those who may be approved, on the basis of the probability of future increases in their incomes, as lessees under an option to purchase (which will give such approved qualified tenants an exclusive right to purchase at a price established or determined as provided in the option) dwellings, and in the establishment of rentals. The Secretary is authorized (without limiting his authority under any other provision of law) to delegate to any such public or private agency his authority to issue certificates pursuant to this subsection. (4) No payments under this section may be made with respect to any property for which the costs of operation (including wages and salaries) are determined by the Secretary to be greater than similar costs of operation of similar housing in the community where the property is situated. (f) Omitted (g) Authority of Secretary The Secretary is authorized to make such rules and regulations, to enter into such agreements, and to adopt such procedures as he may deem necessary or desirable to carry out the provisions of this section. Nothing contained in this section shall affect the authority of the Secretary of Housing and Urban Development with respect to any housing assisted under this section, section 221(d)(3), section 231(c)(3), or section 236 of the National Housing Act [12 U.S.C. 1715l(d)(3), 1715v(c)(3), 1715z-1], or section 1701q of this title, including the authority to prescribe occupancy requirements under other provisions of law or to determine the portion of such housing which may be occupied by qualified tenants. To ensure that qualified tenants occupying that number of units with respect to which assistance was being provided under this section immediately prior to November 30, 1983, receive the benefit of assistance contracted for under this section, the Secretary shall offer annually to amend contracts entered into with owners of projects assisted under this section but not subject to mortgages insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] to provide sufficient payments to cover 100 percent of the necessary rent increases and changes in the incomes of qualified tenants, subject to the availability of authority for such purpose under section 1437c(c) of title 42. The Secretary shall take such actions as may be necessary to ensure that payments, including payments that reflect necessary rent increases and changes in the incomes of tenants, are made on a timely basis for all units covered by contracts entered into under this section. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, including, but not limited to, such sums as may be necessary to make annual payments as prescribed in this section, pay for services provided under (or pursuant to agreements entered into under) subsection (e) of this section, and provide administrative expenses. (i) Omitted (j) Additional definition of housing owner; restrictions on payments (1) For the purpose of assisting housing under this section on an experimental basis, subject to the limitations of this subsection, the term "housing owner" (in addition to the meaning prescribed in subsection (b) of this section) includes - (A) a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is a mortgagor under a mortgage which receives the benefits of the interest rate provided for in the proviso in section 221(d)(5) of the National Housing Act [12 U.S.C. 1715l(d)(5)] and which, after August 10, 1965, has been approved for mortgage insurance under section 221(d)(3) of the National Housing Act and has been approved for receiving the benefits of this section; (B) a private nonprofit corporation or other private nonprofit legal entity which is a mortgagor under a mortgage insured under section 231(c)(3) of the National Housing Act [12 U.S.C. 1715v(c)(3)] and which, after August 10, 1965, has obtained final endorsement of such mortgage for mortgage insurance and has been approved for receiving the benefits of this section; (C) a private nonprofit corporation, a public body or agency, or a cooperative housing corporation, which is a borrower under section 1701q of this title and has been approved for receiving the benefits of this section: Provided, That, with respect to properties financed with loans under such section made on or before August 10, 1965, payments shall not be made with respect to more than 20 per centum of the dwelling units in any property so financed; and (D) a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is assisted under section 236 of the National Housing Act [12 U.S.C. 1715z-1] and which has been approved for receiving the benefits of this section: Provided, That payments shall not be made with respect to more than 20 per centum of the dwelling units in any property so financed, except that the foregoing limitation may be increased to 40 per centum of the dwelling units in any such property if the Secretary determines that such increase is necessary and desirable in order to provide additional housing for individuals and families meeting the requirements of subsection (c) of this section. (2) Of the amounts approved in appropriation Acts pursuant to subsection (a) of this section for payments under this section in any year, not more than 5 per centum in the aggregate shall be paid with respect to properties of housing owners as defined in paragraph (1)(A) of this subsection, and not more than 5 per centum in the aggregate shall be paid with respect to properties of housing owners as defined in paragraphs (1)(B) and (1)(C) of this subsection. (k) Repealed. Pub. L. 105-276, title V, Sec. 514(d), Oct. 21, 1998, 112 Stat. 2548 (l) Additional available assistance authority Notwithstanding the provisions of subsection (a) of this section and any other provision of law, the Secretary may utilize additional authority under section 1437c(c) of title 42 made available by appropriation Acts on or after October 1, 1979, to supplement assistance authority available under this section. The Secretary shall utilize, to the extent necessary after September 30, 1984, any authority under this section that is recaptured either as the result of the conversion of housing projects covered by assistance under this section to contracts for assistance under section 1437f of title 42 or otherwise (1) for the purpose of making assistance payments, including amendments as provided in subsection (g) of this section, with respect to housing projects assisted under this section, but not subject to mortgages insured under the National Housing Act [12 U.S.C. 1701 et seq.], that remain covered by assistance under this section; and (2) if not required to provide assistance under this section, and notwithstanding any other provision of law, for the purpose of contracting for assistance payments under section 236(f)(2) of the National Housing Act [12 U.S.C. 1715z-1(f)(2)]. (m) Payments for benefit of certain projects having mortgages made by State or local housing finance or government agencies The Secretary shall, not later than 45 days after receipt of an application by the mortgagee, provide interest reduction and rental assistance payments for the benefit of projects assisted under this section whose mortgages were made by State or local housing finance agencies or State or local government agencies for a term equal to the remaining mortgage term to maturity on projects assisted under this section to the extent of - (1) unexpended balances of amounts of authority as set forth in certain letter agreements between the Department of Housing and Urban Development and such State or local housing finance agencies or State or local government agencies, and (2) existing allocation under section 236 contracts on projects whose mortgages were made by State or local housing finance agencies or State or local government agencies which are not being funded, to the extent of such excess allocation, for any purposes permitted under the provisions of this section. An application shall be eligible for assistance under the previous sentence only if the mortgagee submits the application within 548 days after February 5, 1988, along with a certification of the mortgagee that amounts are to be utilized hereunder for the purpose of either (A) reducing rents or rent increases to tenants, or (B) making repairs or otherwise increasing the economic viability of a related project. Unexpended balances referred to in the first sentence of this subsection which remain after disposition of all such applications is favorably concluded shall be rescinded. The authority conferred by this subsection to provide interest reduction and rental assistance payments shall be available only to the extent approved in appropriation Acts. -SOURCE- (Pub. L. 89-117, title I, Sec. 101, Aug. 10, 1965, 79 Stat. 451; Pub. L. 90-19, Sec. 22(a), (c), May 25, 1967, 81 Stat. 26; Pub. L. 90-448, title II, Secs. 201(e), 202, title XI, Sec. 1106(b), Aug. 1, 1968, 82 Stat. 502, 503, 567; Pub. L. 91-152, title I, Sec. 112, Dec. 24, 1969, 83 Stat. 383; Pub. L. 91-609, title I, Secs. 103, 114[115](c), 118(b), 120(a), (b), Dec. 31, 1970, 84 Stat. 1771, 1774, 1775; Pub. L. 96-153, title II, Sec. 203(a), Dec. 21, 1979, 93 Stat. 1106; Pub. L. 96-399, Oct. 8, 1980, title II, Sec. 205, 94 Stat. 1630; Pub. L. 97-35, title III, Secs. 322(g), 327, Aug. 13, 1981, 95 Stat. 403, 407; Pub. L. 98-181, title II, Secs. 203(b)(3), 219, Nov. 30, 1983, 97 Stat. 1178, 1187; Pub. L. 98-479, title I, Sec. 102(d), title II, Sec. 204(e), Oct. 17, 1984, 98 Stat. 2222, 2233; Pub. L. 100-242, title I, Secs. 167(a)(2), 168, 170(h), title IV, Sec. 430(b), Feb. 5, 1988, 101 Stat. 1864, 1867, 1920; Pub. L. 104-99, title IV, Sec. 402(d)(5), Jan. 26, 1996, 110 Stat. 42; Pub. L. 105-276, title V, Sec. 514(d), Oct. 21, 1998, 112 Stat. 2548.) -REFTEXT- REFERENCES IN TEXT The National Housing Act, referred to in subsecs. (g) and (l), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended which is classified principally to this chapter (Sec. 1701 et seq.). Title II of the National Housing Act is classified generally to subchapter II (Sec. 1707 et seq.) of this chapter. For complete classification of this Act to the Code, see section 1701 of this title and Tables. Section 236 contracts, referred to in subsec. (m)(2), refer to contracts under section 1715z-1 of this title. -COD- CODIFICATION Subsecs. (f) and (i) of this section amended sections 1451(c) and 1465(c)(2) of Title 42, The Public Health and Welfare. Section was enacted as part of the Housing and Urban Development Act of 1965, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1998 - Subsec. (k). Pub. L. 105-276, which directed the repeal of subsec. (k) of section 1010 of Pub. L. 89-117, was executed by striking out subsec. (k) of this section, to reflect the probable intent of Congress. For text, see 1996 Amendment note below. 1996 - Subsec. (k). Pub. L. 104-99 temporarily substituted "[Reserved.]" for the text of subsec. (k), which read as follows: "In selecting individuals or families to be assisted under this section in accordance with the eligibility criteria and procedures established under subsection (e)(1) of this section, the project owner shall give preference to individuals or families who are occupying substandard housing, are paying more than 50 percent of family income for rent, or are involuntarily displaced at the time they are seeking housing assistance under this section." See Effective and Termination Dates of 1996 Amendment note below. 1988 - Subsec. (e)(1). Pub. L. 100-242, Sec. 168(1), struck out provisions authorizing the Secretary to issue, upon the request of a housing owner, certificates of facts concerning individuals and families applying for admission to, or residing in, dwellings of such owner. Subsec. (g). Pub. L. 100-242, Sec. 167(a)(2), substituted "100 percent" for "90 per centum". Subsec. (j)(1)(D). Pub. L. 100-242, Sec. 170(h), made amendment identical to Pub. L. 98-479, Sec. 204(e). See 1984 Amendment note below. Subsec. (k). Pub. L. 100-242, Sec. 168(2), amended subsec. (k) generally. Prior to amendment, subsec. (k) read as follows: "In making assistance available under this section, the Secretary shall give priority to individuals or families who are occupying substandard housing or are involuntarily displaced at the time they are seeking housing assistance under this section." Subsec. (m). Pub. L. 100-242, Sec. 430(b), added subsec. (m). 1984 - Subsec. (g). Pub. L. 98-479, Sec. 102(d), struck out "up to" before "90 per centum" in next to last sentence. Subsec. (j)(1)(D). Pub. L. 98-479, Sec. 204(e), substituted "dividend" for "divided" before "legal entity". 1983 - Subsec. (e)(1)(B). Pub. L. 98-181, Sec. 203(b)(3), inserted ", was paying more than 50 per centum of family income for rent,". Subsec. (g). Pub. L. 98-181, Sec. 219(a), inserted provision relating to the offer annually to amend contracts to ensure that qualified tenants receive the benefit of assistance contracted for under this section. Subsec. (l). Pub. L. 98-181, Sec. 219(b), inserted provision relating to the utilization by the Secretary of any authority under this section that is recaptured. 1981 - Subsec. (c)(2). Pub. L. 97-35, Sec. 322(g)(1), substituted provisions defining "income" as income from all sources of each member and criteria for exclusions, for provisions defining "income" as determined under section 1437f of title 42. Subsec. (d). Pub. L. 97-35, Secs. 322(g)(2), 327(b), substituted provisions relating to determination of annual payment amount, for provisions relating to determination of maximum amount of annual payment. Subsec. (e)(2). Pub. L. 97-35, Sec. 322(g)(3), substituted provisions relating to annual recertifications, for provisions relating to the elderly and recertifications at intervals of two years or shorter. Subsec. (l). Pub. L. 97-35, Sec. 327(a), substituted provisions relating to additional available assistance authority, for provisions relating to amendment of contracts. 1980 - Subsec. (l). Pub. L. 96-399 substituted "shall, not later than 4 years after October 8, 1980," for "may" in first sentence; inserted second sentence relating to amending of contracts; and substituted "the first sentence of this paragraph" for "preceding" in last sentence. 1979 - Subsec. (c). Pub. L. 96-153, Sec. 203(a)(l), revised definition of "qualified tenant" and inserted definition of "income". Subsec. (d). Pub. L. 96-153, Sec. 203(a)(2), struck out provisions that in determining the income of tenants, an amount equal to $300 for each minor person shall be deducted and that the earnings of minor persons shall not be included in the income of the tenant, and inserted provisions relating to the determination of amount of payments under contracts amended pursuant to subsec. (j) of this section by reference to section 1437f of title 42. Subsec. (e)(1)(B). Pub. L. 96-153, Sec. 203(a)(3), substituted "occupying substandard housing or was involuntarily displaced at the time it was seeking assistance under this section" for "displaced by governmental action, is elderly, is physically handicapped, or is (or was) occupying substandard housing or housing extensively damaged or destroyed as the result of a natural disaster". Subsecs. (k), (l). Pub. L. 96-153, Sec. 203(a)(4), added subsecs. (k) and (l). 1970 - Subsec. (a). Pub. L. 91-609, Sec. 103, increased maximum amount of payments by $40,000,000 on July 1, 1971. Subsec. (b). Pub. L. 91-609, Secs. 114[115](c), 118(b), authorized payments to housing owners with respect to projects with dwelling units without kitchen facilities and provided for percentage limitation on payments to housing owner, and substituted "which may involve either new or existing construction and which" for "which prior to completion of construction or rehabilitation" before "is approved", respectively. Subsec. (c)(2)(F). Pub. L. 91-609, Sec. 120(a), added par. (F). Subsec. (e)(1)(B). Pub. L. 91-609, Sec. 120(b), provided for issuance of certificates with respect to whether the individual or family is a member of the Armed Forces of the United States serving on active duty. 1969 - Subsec. (j)(1)(D). Pub. L. 91-152 inserted exception which authorized the Secretary to increase payments to 40 per centum of the dwelling units under the specified conditions. 1968 - Subsec. (a). Pub. L. 90-448, Sec. 202(a), increased maximum amount of payments by $40,000,000 on July 1, 1969, and by $100,000,000 on July 1, 1970. Subsec. (b). Pub. L. 90-448, Sec. 202(b), included within definition of "housing owner" a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividended legal entity, or a cooperative housing corporation, which is the owner of a rental or cooperative housing project financed under a State or local program. Subsec. (c)(2)(E). Pub. L. 90-448, Sec. 1106(b), substituted "affected by a disaster" for "affected by a natural disaster". Subsec. (d). Pub. L. 90-448, Sec. 201(e)(1), inserted provisions authorizing, in determining the income of any tenant, a deduction of an amount equal to $300 for each minor person who is a member of the immediate family of the tenant and living with the tenant, and directing that the earnings of any such minor shall not be included in the income of such tenant. Subsec. (g). Pub. L. 90-448, Sec. 201(e)(2), inserted reference to section 1715z-1 of this title. Subsec. (j)(1)(D). Pub. L. 90-448, Sec. 201(e)(3), inserted subpar. (D). 1967 - Pub. L. 90-19, Sec. 22(a), substituted "Secretary" for "Administrator" wherever appearing in subsecs. (c), (d), (e), and (g). Subsec. (a). Pub. L. 90-19, Sec. 22(c)(1), substituted "Secretary of Housing and Urban Development (hereinafter referred to as the 'Secretary')" for "Housing and Home Finance Administrator (hereinafter referred to as the 'Administrator')". Subsec. (g). Pub. L. 90-19, Sec. 22(c)(2), consolidated in the Secretary of Housing and Urban Development the authorities of the Federal Housing Commissioner and the Housing and Home Finance Administrator with respect to housing assisted under sections 1715l(d)(3) and 1715v(c)(3), and section 1701q of this title, respectively. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-276, title V, Sec. 514(g), Oct. 21, 1998, 112 Stat. 2549, provided that: "This section [amending this section, sections 1701z-11 and 4116 of this title, and sections 1437d, 1437f, 12899d, and 13615 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 1437a and 1437f of Title 42, and repealing provisions set out as notes under sections 1437d and 1437f of Title 42] shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998]." EFFECTIVE AND TERMINATION DATES OF 1996 AMENDMENT Amendment by Pub. L. 104-99 effective Jan. 26, 1996, and only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104-99, as amended, and section 514(f) of Pub. L. 105-276, set out as notes under section 1437a of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Section 203(c) of Pub. L. 96-153 providing for the effective date of amendment of this section and section 1715z-1 of this title as Dec. 21, 1979, and setting forth maximum applicable tenant contribution, was repealed by Pub. L. 97-35, title III, Secs. 322(h)(2), 371, Aug. 13, 1981, 95 Stat. 404, 431, eff. Oct. 1, 1981. AMENDMENTS TO CONTRACTS Pub. L. 109-115, div. A, title III, Nov. 30, 2005, 119 Stat. 2453, provided in part: "That amendments to such contracts [under this section and section 1715z-1(f)(2) of this title in State- aided, non-insured rental housing projects] hereafter may be for a period less than the term of the respective contracts." LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE Assistance provided for in Housing and Community Development Act of 1974, National Housing Act, United States Housing Act of 1937, Housing Act of 1949, Demonstration Cities and Metropolitan Development Act of 1966, and Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 [see Short Title note set out under section 1701 of this title], not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93-383, set out as a note under section 5301 of Title 42, The Public Health and Welfare. -End- -CITE- 12 USC Sec. 1701t 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701t. Congressional affirmation of national goal of decent homes and suitable living environment for American families -STATUTE- The Congress affirms the national goal, as set forth in section 1441 of title 42, of "a decent home and a suitable living environment for every American family". The Congress finds that this goal has not been fully realized for many of the Nation's lower income families; that this is a matter of grave national concern; and that there exist in the public and private sectors of the economy the resources and capabilities necessary to the full realization of this goal. The Congress declares that in the administration of those housing programs authorized by this Act which are designed to assist families with incomes so low that they could not otherwise decently house themselves, and of other Government programs designed to assist in the provision of housing for such families, the highest priority and emphasis should be given to meeting the housing needs of those families for which the national goal has not become a reality; and in the carrying out of such programs there should be the fullest practicable utilization of the resources and capabilities of private enterprise and of individual self-help techniques. -SOURCE- (Pub. L. 90-448, Sec. 2, Aug. 1, 1968, 82 Stat. 476.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as amended, known as the Housing and Urban Development Act of 1968. For complete classification of this Act to the Code, see Short Title of 1968 Amendments note set out under section 1701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -MISC1- LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE Assistance provided for in Housing and Community Development Act of 1974, National Housing Act, United States Housing Act of 1937, Housing Act of 1949, Demonstration Cities and Metropolitan Development Act of 1966, and Housing and Urban Development Acts of 1965, 1968, [see Short Title notes set out under section 1701 of this title], 1969, and 1970 not to be withheld or made subject to conditions by reason of tax-exempt status of obligations issued or to be issued for financing of assistance, except as otherwise provided by law, see section 817 of Pub. L. 93-383, set out as a note under section 5301 of Title 42, The Public Health and Welfare. NATIONAL ADVISORY COMMISSION ON LOW INCOME HOUSING Section 110 of Pub. L. 90-448 established the National Advisory Commission on Low Income Housing; provided for the appointment of members and the filling of vacancies; fixed the quorum number and the number necessary to conduct hearings; provided that the Commission study ways of bringing safe and sanitary housing to low income families, utilize services of private research organizations, and coordinate its investigation with the Banking and Currency Committees of the Senate and House; required that an interim report be submitted by July 1, 1969 and a final report by July 1, 1970; authorized the Commission or a subcommittee to hold hearings and to administer oaths and affirmations; directed executive branch departments, agencies, and instrumentalities to furnish information requested by the Commission; empowered the chairman, without regard to the provisions of Title 5, Government Organization and Employees, governing appointments in the competitive service and relating to classification and General Schedule pay rates, to appoint and pay personnel as he deemed necessary and to procure temporary services, as is authorized by section 3109 of title 5, at rates up to $50 a day for individuals; provided that members appointed from the executive or legislative branch serve without compensation in addition to that received in their regular employment but be reimbursed for travel, subsistence, and necessary expenses incurred while performing duties for the Commission and that members other than those appointed from the executive or legislative branches be paid $75 a day plus travel, subsistence, and other necessary expenses while acting as members of the Commission; and directed that the Commission cease to exist 30 days after its final report. -End- -CITE- 12 USC Sec. 1701u 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701u. Economic opportunities for low- and very low-income persons -STATUTE- (a) Findings The Congress finds that - (1) Federal housing and community development programs provide State and local governments and other recipients of Federal financial assistance with substantial funds for projects and activities that produce significant employment and other economic opportunities; (2) low- and very low-income persons, especially recipients of government assistance for housing, often have restricted access to employment and other economic opportunities; (3) the employment and other economic opportunities generated by projects and activities that receive Federal housing and community development assistance offer an effective means of empowering low- and very low-income persons, particularly persons who are recipients of government assistance for housing; and (4) prior Federal efforts to direct employment and other economic opportunities generated by Federal housing and community development programs to low- and very low-income persons have not been fully effective and should be intensified. (b) Policy It is the policy of the Congress and the purpose of this section to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (c) Employment (1) Public and Indian housing program (A) In general The Secretary shall require that public and Indian housing agencies, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to give to low- and very low-income persons the training and employment opportunities generated by development assistance provided pursuant to section 1437c of title 42, operating assistance provided pursuant to section 1437g of title 42, and modernization grants provided pursuant to section 1437l of title 42.(!1) (B) Priority The efforts required under subparagraph (A) shall be directed in the following order of priority: (i) To residents of the housing developments for which the assistance is expended. (ii) To residents of other developments managed by the public or Indian housing agency that is expending the assistance. (iii) To participants in YouthBuild programs receiving assistance under section 2918a of title 29. (iv) To other low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended. (2) Other programs (A) In general In other programs that provide housing and community development assistance, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located. (B) Priority Where feasible, priority should be given to low- and very low- income persons residing within the service area of the project or the neighborhood in which the project is located and to participants in YouthBuild programs receiving assistance under section 2918a of title 29. (d) Contracting (1) Public and Indian housing program (A) In general The Secretary shall require that public and Indian housing agencies, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to award contracts for work to be performed in connection with development assistance provided pursuant to section 1437c of title 42, operating assistance provided pursuant to section 1437g of title 42, and modernization grants provided pursuant to section 1437l of title 42,(!1) to business concerns that provide economic opportunities for low- and very low-income persons. (B) Priority The efforts required under subparagraph (A) shall be directed in the following order of priority: (i) To business concerns that provide economic opportunities for residents of the housing development for which the assistance is provided. (ii) To business concerns that provide economic opportunities for residents of other housing developments operated by the public and Indian housing agency that is providing the assistance. (iii) To YouthBuild programs receiving assistance under section 2918a of title 29. (iv) To business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is provided. (2) Other programs (A) In general In providing housing and community development assistance pursuant to other programs, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, contracts awarded for work to be performed in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended. (B) Priority Where feasible, priority should be given to business concerns which provide economic opportunities for low- and very low- income persons residing within the service area of the project or the neighborhood in which the project is located and to YouthBuild programs receiving assistance under section 2918a of title 29. (e) Definitions For the purposes of this section the following definitions shall apply: (1) Low- and very low-income persons The terms "low-income persons" and "very low-income persons" have the same meanings given the terms "low-income families" and "very low-income families", respectively, in section 1437a(b)(2) of title 42. (2) Business concern that provides economic opportunities The term "a business concern that provides economic opportunities" means a business concern that - (A) provides economic opportunities for a class of persons that has a majority controlling interest in the business; (B) employs a substantial number of such persons; or (C) meets such other criteria as the Secretary may establish. (f) Coordination with other Federal agencies The Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Commerce, the Administrator of the Small Business Administration, and such other Federal agencies as the Secretary determines are necessary to carry out this section. (g) Regulations Not later than 180 days after October 28, 1992, the Secretary shall promulgate regulations to implement this section. -SOURCE- (Pub. L. 90-448, Sec. 3, Aug. 1, 1968, 82 Stat. 476; Pub. L. 91- 152, title IV, Sec. 404, Dec. 24, 1969, 83 Stat. 395; Pub. L. 93- 383, title I, Sec. 118, Aug. 22, 1974, 88 Stat. 653; Pub. L. 96- 399, title III, Sec. 329, Oct. 8, 1980, 94 Stat. 1651; Pub. L. 102- 550, title IX, Sec. 915, Oct. 28, 1992, 106 Stat. 3878; Pub. L. 109-281, Sec. 2(d)(1), Sept. 22, 2006, 120 Stat. 1181.) -REFTEXT- REFERENCES IN TEXT Section 1437l of title 42, referred to in subsecs. (c)(1)(A) and (d)(1)(A), was repealed by Pub. L. 105-276, title V, Sec. 522(a), Oct. 21, 1998, 112 Stat. 2564. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. October 28, 1992, referred to in subsec. (g), was in the original "the date of enactment of the National Affordable Housing Act Amendments of 1992", and was translated as meaning the date of enactment of the Housing and Community Development Act of 1992, Pub. L. 102-550, which amended this section generally, to reflect the probable intent of Congress. -MISC1- AMENDMENTS 2006 - Subsecs. (c)(1)(B)(iii), (2)(B), (d)(1)(B)(iii), (2)(B). Pub. L. 109-281 substituted "YouthBuild programs receiving assistance under section 2918a of title 29" for "Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act". 1992 - Pub. L. 102-550 amended section generally. Prior to amendment, section read as follows: "In the administration by the Secretary of Housing and Urban Development of programs providing direct financial assistance, including community development block grants under title I of the Housing and Community Development Act of 1974, in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new community development, the Secretary shall - "(1) require, in consultation with the Secretary of Labor, that to the greatest extent feasible opportunities for training and employment arising in connection with the planning and carrying out of any project assisted under any such program be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by the Secretary, in which the project is located; and "(2) require, in consultation with the Administrator of the Small Business Administration, that to the greatest extent feasible contracts for work to be performed in connection with any such project be awarded to business concerns, including but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project." 1980 - Par. (1). Pub. L. 96-399, Sec. 329(1), substituted "residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by the Secretary, in which the project is located" for "residing in the area of such project". Par. (2). Pub. L. 96-399, Sec. 329(2), substituted "residing in the same metropolitan area (or nonmetropolitan county) as the project" for "residing in the area of such project". 1974 - Pub. L. 93-383 inserted reference to community development block grants under title I of the Housing and Community Development Act of 1974. 1969 - Pub. L. 91-152 substituted provisions making applicable programs providing direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new community development, for provisions making applicable programs authorized by sections 1715l(d)(3), 1715z, and 1715z-1 of this title, the low-rent public housing program under the United States Housing Act of 1937, and the rent supplement program under section 101 of the Housing and Urban Development Act of 1965. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-281, Sec. 2(f), Sept. 22, 2006, 120 Stat. 1182, provided that: "This section [enacting section 2918a of Title 29, Labor, amending this section, section 4183 of Title 25, Indians, section 2939 of Title 29, and section 12870 of Title 42, The Public Health and Welfare, and repealing sections 12899 to 12899i of Title 42] and the amendments made by this section take effect on the earlier of - "(1) the date of enactment of this Act [Sept. 22, 2006]; and "(2) September 30, 2006." EFFECTIVENESS STUDY Section 916 of Pub. L. 102-550 provided that: "(a) In General. - The Secretary of Housing and Urban Development shall submit to the Congress, not later than 1 year after the date of the enactment of this Act [Oct. 28, 1992], a report describing - "(1) the Secretary's efforts to enforce section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u]; "(2) the barriers to full implementation of section 3 of the Housing and Urban Development Act of 1968; "(3) the anticipated costs and benefits of full implementation of section 3 of the Housing and Urban Development Act of 1968; and "(4) recommendations for legislative changes to enhance the effectiveness of section 3 of the Housing and Urban Development Act of 1968. "(b) Contents. - "(1) Enforcement. - The description under subsection (a)(1) of the Secretary's enforcement efforts shall include, at a minimum - "(A) a discussion of how responsibility for implementing section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u] is allocated within the Department of Housing and Urban Development; "(B) a discussion of the status of existing regulations implementing such section 3; "(C) a discussion of ongoing efforts to enforce current regulations; "(D) a list of the programs under the responsibility of the Secretary with respect to which the Secretary is enforcing section 3; and "(E) a separate description of the activities carried out under section 3 with respect to each of these programs. "(2) Impediments. - The discussion under subsection (a)(2) of the external impediments to effective enforcement of section 3 of the Housing and Urban Development Act of 1968 shall include, at a minimum, a discussion of - "(A) any lack of necessary training for targeted employees and technical assistance to targeted businesses; "(B) any barriers created by Federal, State, or local procurement regulations or other laws; "(C) any difficulties in coordination with labor unions; "(D) any difficulties in coordination with other implicated Federal agencies; and "(E) any lack of resources on the part of recipients of assistance who are responsible for carrying out section 3 of the Housing and Urban Development Act of 1968. "(c) Consultation. - In preparing the report under this subsection, the Secretary shall consult with the Secretary of Labor, the Secretary of Commerce, the Secretary of Health and Human Services, the Administrator of the Small Business Administration, other appropriate Federal officials, and recipients of Federal housing and community development assistance who are responsible for executing section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u]." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 12 USC Sec. 1701v 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701v. Congressional findings and declaration for improved architectural design in Government housing programs -STATUTE- The Congress finds that Federal aids to housing have not contributed fully to improvement in architectural standards. This objective has been contemplated in Federal housing legislation since the establishment of mortgage insurance through the Federal Housing Administration. The Congress commends the Department of Housing and Urban Development for its recent efforts to improve architectural standards through competitive design awards and in other ways but at the same time recognizes that this important objective requires high priority if Federal aid is to make its full communitywide contribution toward improving our urban environment. The Congress further finds that even within the necessary budget limitations on housing for low and moderate income families architectural design could be improved not only to make the housing more attractive, but to make it better suited to the needs of occupants. The Congress declares that in the administration of housing programs which assist in the provision of housing for low and moderate income families, emphasis should be given to encouraging good design as an essential component of such housing and to developing housing which will be of such quality as to reflect its important relationship to the architectural standards of the neighborhood and community in which it is situated, consistent with prudent budgeting. -SOURCE- (Pub. L. 90-448, Sec. 4, Aug. 1, 1968, 82 Stat. 477.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701w 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701w. Budget, debt management, and related counseling services for mortgagors; authorization of appropriations -STATUTE- The Secretary of Housing and Urban Development is authorized to provide, or contract with public or private organizations to provide, such budget, debt management, and related counseling services to mortgagors whose mortgages are insured under section 1715z(i) or (j)(4) of this title as he determines to be necessary to assist such mortgagors in meeting the responsibilities of homeownership. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. -SOURCE- (Pub. L. 90-448, title I, Sec. 101(e), Aug. 1, 1968, 82 Stat. 484.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701x 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701x. Assistance with respect to housing for low- and moderate-income families -STATUTE- (a) Authorization to provide information, advice, and technical assistance; scope of assistance; authorization of appropriations (1) The Secretary is authorized to provide, or contract with public or private organizations to provide, information, advice, and technical assistance, including but not limited to - (i) the assembly, correlation, publication, and dissemination of information with respect to the construction, rehabilitation, and operation of low- and moderate-income housing; (ii) the provision of advice and technical assistance to public bodies or to nonprofit or cooperative organizations with respect to the construction, rehabilitation, and operation of low- and moderate-income housing, including assistance with respect to self-help and mutual self-help programs; (iii) counseling and advice to tenants and homeowners with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and in meeting the responsibilities of tenancy or homeownership; and (iv) the provision of technical assistance to communities, particularly smaller communities, to assist such communities in planning, developing, and administering Community Development Programs pursuant to title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.]. (2) The Secretary (A) shall provide the services described in clause (iii) of paragraph (1) for homeowners assisted under section 235 of the National Housing Act [12 U.S.C. 1715z]; (B) shall, in consultation with the Secretary of Agriculture, provide such services for borrowers who are first-time homebuyers with guaranteed loans under section 502(h) of the Housing Act of 1949 [42 U.S.C. 1472(h)]; and (C) may provide such services for other owners of single family dwelling units insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] or guaranteed or insured under chapter 37 of title 38. For purposes of this paragraph and clause (iii) of paragraph (1), the Secretary may provide the services described in such clause directly or may enter into contracts with, make grants to, and provide other types of assistance to private or public organizations with special competence and knowledge in counseling low- and moderate-income families to provide such services. (3) There is authorized to be appropriated for the purposes of this subsection, without fiscal year limitation, such sums as may be necessary; except that for such purposes there are authorized to be appropriated $6,025,000 for fiscal year 1993 and $6,278,050 for fiscal year 1994. Of the amounts appropriated for each of fiscal years 1993 and 1994, up to $500,000 shall be available for use for counseling and other activities in connection with the demonstration program under section 152 of the Housing and Community Development Act of 1992. Any amounts so appropriated shall remain available until expended. (b) Loans to nonprofit organizations or public housing agencies; purpose and terms; repayment; authorization of appropriations; deposit of appropriations in Low and Moderate Income Sponsor Fund (1) The Secretary is authorized to make loans to nonprofit organizations or public housing agencies for the necessary expenses, prior to construction, in planning, and obtaining financing for, the rehabilitation or construction of housing for low or moderate income families under section 235 of the National Housing Act [12 U.S.C. 1715z] or any other federally assisted program. Such loans shall be made without interest and shall not exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this subsection, under such terms and conditions as he may require, upon completion of the project or sooner, and may cancel any part or all of a loan if he determines that it cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or construction of the housing. (2) The Secretary shall determine prior to the making of any loan that the nonprofit organization or public housing agency meets such requirements with respect to financial responsibility and stability as he may prescribe. (3) There are authorized to be appropriated for the purposes of this subsection not to exceed $7,500,000 for the fiscal year ending June 30, 1969, and not to exceed $10,000,000 for the fiscal year ending June 30, 1970. Any amounts so appropriated shall remain available until expended, and any amounts authorized for any fiscal year under this paragraph but not appropriated may be appropriated for any succeeding fiscal year. (4) All funds appropriated for the purposes of this subsection shall be deposited in a fund which shall be known as the Low and Moderate Income Sponsor Fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of this subsection. Sums received in repayment of loans made under this subsection shall be deposited in such fund. (c) Grants for homeownership counseling organizations (1) In general The Secretary of Housing and Urban Development may make grants - (A) to nonprofit organizations experienced in the provision of homeownership counseling to enable the organizations to provide homeownership counseling to eligible homeowners; and (B) to assist in the establishment of nonprofit homeownership counseling organizations. (2) Program requirements (A) Applications for grants under this subsection shall be submitted in the form, and in accordance with the procedures, that the Secretary requires. (B) The homeownership counseling organizations receiving assistance under this subsection shall use the assistance only to provide homeownership counseling to eligible homeowners. (C) The homeownership counseling provided by homeownership counseling organizations receiving assistance under this subsection shall include counseling with respect to - (i) financial management; (ii) available community resources, including public assistance programs, mortgage assistance programs, home repair assistance programs, utility assistance programs, food programs, and social services; and (iii) employment training and placement. (3) Availability of homeownership counseling The Secretary shall take any action that is necessary - (A) to ensure the availability throughout the United States of homeownership counseling from homeownership counseling organizations receiving assistance under this subsection, with priority to areas that - (i) are experiencing high rates of home foreclosure and any other indicators of homeowner distress determined by the Secretary to be appropriate; (ii) are not already adequately served by homeownership counseling organizations; and (iii) have a high incidence of mortgages involving principal obligations (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in excess of 97 percent of the appraised value of the properties that are insured pursuant to section 203 of the National Housing Act [12 U.S.C. 1709]; and (B) to inform the public of the availability of the homeownership counseling. (4) Eligibility for counseling A homeowner shall be eligible for homeownership counseling under this subsection if - (A) the home loan is secured by property that is the principal residence (as defined by the Secretary) of the homeowner; (B) the home loan is not assisted under title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.]; and (C) the homeowner is, or is expected to be, unable to make payments, correct a home loan delinquency within a reasonable time, or resume full home loan payments due to a reduction in the income of the homeowner because of - (i) an involuntary loss of, or reduction in, the employment of the homeowner, the self-employment of the homeowner, or income from the pursuit of the occupation of the homeowner; or (ii) any similar loss or reduction experienced by any person who contributes to the income of the homeowner. An applicant for a mortgage shall be eligible for homeownership counseling under this subsection if the applicant is a first-time homebuyer who meets the requirements of section 12852(b)(1) of title 42 and the mortgage involves a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in excess of 97 percent of the appraised value of the property and is to be insured pursuant to section 203 of the National Housing Act [12 U.S.C. 1709]. (5) Notification of availability of homeownership counseling (A) Notification of availability of homeownership counseling (i) Requirement Except as provided in subparagraph (C), the creditor of a loan (or proposed creditor) shall provide notice under clause (ii) to (I) any eligible homeowner who fails to pay any amount by the date the amount is due under a home loan, and (II) any applicant for a mortgage described in paragraph (4). (ii) Content Notification under this subparagraph shall - (I) notify the homeowner or mortgage applicant of the availability of any homeownership counseling offered by the creditor (or proposed creditor); (II) if provided to an eligible mortgage applicant, state that completion of a counseling program is required for insurance pursuant to section 203 of the National Housing Act [12 U.S.C. 1709]; (III) notify the homeowner or mortgage applicant of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary and experienced in the provision of homeownership counseling, or provide the toll-free telephone number described in subparagraph (D)(i); and (IV) notify the homeowner by a statement or notice, written in plain English by the Secretary of Housing and Urban Development, in consultation with the Secretary of Defense and the Secretary of the Treasury, explaining the mortgage and foreclosure rights of servicemembers, and the dependents of such servicemembers, under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), including the toll-free military one source number to call if servicemembers, or the dependents of such servicemembers, require further assistance. (B) Deadline for notification The notification required in subparagraph (A) shall be made - (i) in a manner approved by the Secretary; and (ii) before the expiration of the 45-day period beginning on the date on which the failure referred to in such subparagraph occurs. (C) Notification Notification under subparagraph (A) shall not be required with respect to any loan for which the eligible homeowner pays the amount overdue before the expiration of the 45-day period under subparagraph (B)(ii). (D) Administration and compliance The Secretary shall, to the extent of amounts approved in appropriation Acts, enter into an agreement with an appropriate private entity under which the entity will - (i) operate a toll-free telephone number through which any eligible homeowner can obtain a list of nonprofit organizations, which shall be updated annually, that - (I) are approved by the Secretary and experienced in the provision of homeownership counseling; and (II) serve the area in which the residential property of the homeowner is located; (ii) monitor the compliance of creditors with the requirements of subparagraphs (A) and (B); and (iii) report to the Secretary not less than annually regarding the extent of compliance of creditors with the requirements of subparagraphs (A) and (B). (E) Report The Secretary shall submit a report to the Congress not less than annually regarding the extent of compliance of creditors with the requirements of subparagraphs (A) and (B) and the effectiveness of the entity monitoring such compliance. The Secretary shall also include in the report any recommendations for legislative action to increase the authority of the Secretary to penalize creditors who do not comply with such requirements. (6) Definitions For purposes of this subsection: (A) The term "creditor" means a person or entity that is servicing a home loan on behalf of itself or another person or entity. (B) The term "eligible homeowner" means a homeowner eligible for counseling under paragraph (4). (C) The term "home loan" means a loan secured by a mortgage or lien on residential property. (D) The term "homeowner" means a person who is obligated under a home loan. (E) The term "residential property" means a 1-family residence, including a 1-family unit in a condominium project, a membership interest and occupancy agreement in a cooperative housing project, and a manufactured home and the lot on which the home is situated. (7) Regulations The Secretary shall issue any regulations that are necessary to carry out this subsection. (8) Authorization of appropriations There are authorized to be appropriated to carry out this section $7,000,000 for fiscal year 1993 and $7,294,000 for fiscal year 1994, of which amounts $1,000,000 shall be available in each such fiscal year to carry out paragraph (5)(D). Any amount appropriated under this subsection shall remain available until expended. (d) Prepurchase and foreclosure-prevention counseling demonstration (1) Purposes The purpose of this subsection is - (A) to reduce defaults and foreclosures on mortgage loans insured under the Federal Housing Administration single family mortgage insurance program; (B) to encourage responsible and prudent use of such federally insured home mortgages; (C) to assist homeowners with such federally insured mortgages to retain the homes they have purchased pursuant to such mortgages; and (D) to encourage the availability and expansion of housing opportunities in connection with such federally insured home mortgages. (2) Authority The Secretary of Housing and Urban Development shall carry out a program to demonstrate the effectiveness of providing coordinated prepurchase counseling and foreclosure-prevention counseling to first-time homebuyers and homeowners in avoiding defaults and foreclosures on mortgages insured under the Federal Housing Administration single family home mortgage insurance program. (3) Grants Under the demonstration program under this subsection, the Secretary shall make grants to qualified nonprofit organizations under paragraph (4) to enable the organizations to provide prepurchase counseling services to eligible homebuyers and foreclosure-prevention counseling services to eligible homeowners, in counseling target areas. (4) Qualified nonprofit organizations The Secretary shall select nonprofit organizations to receive assistance under the demonstration program under this subsection based on the experience and ability of the organizations in providing homeownership counseling and their ability to provide community-based prepurchase and foreclosure-prevention counseling under paragraphs (5) and (6) in a counseling target area. To be eligible for selection under this paragraph, a nonprofit organization shall submit an application containing a proposal for providing counseling services in the form and manner required by the Secretary. (5) Prepurchase counseling (A) Mandatory participation Under the demonstration program, the Secretary shall require any eligible homebuyer who intends to purchase a home located in a counseling target area and who has applied for (as determined by the Secretary) a qualified mortgage (as such term is defined in paragraph (9)) on such home that involves a downpayment of less than 10 percent of the principal obligation of the mortgage, to receive counseling prior to signing of a contract to purchase the home. The counseling shall include counseling with respect to - (i) financial management and the responsibilities involved in homeownership; (ii) fair housing laws and requirements; (iii) the maximum mortgage amount that the homebuyer can afford; and (iv) options, programs, and actions available to the homebuyer in the event of actual or potential delinquency or default. (B) Eligibility for counseling A homebuyer shall be eligible for prepurchase counseling under this paragraph if - (i) the homebuyer has applied for a qualified mortgage; (ii) the homebuyer is a first-time homebuyer; and (iii) the home to be purchased under the qualified mortgage is located in a counseling target area. (6) Foreclosure-prevention counseling (A) Availability Under the demonstration program, the Secretary shall make counseling available for eligible homeowners who are 60 or more days delinquent with respect to a payment under a qualified mortgage on a home located within a counseling target area. The counseling shall include counseling with respect to options, programs, and actions available to the homeowner for resolving the delinquency or default. (B) Notification of delinquency Under the demonstration program, the Secretary shall require the creditor of any eligible homeowner who is delinquent (as described in subparagraph (A)) to send written notice by registered or certified mail within 5 days (excluding Saturdays, Sundays, and legal public holidays) after the occurrence of such delinquency - (i) notifying the homeowner of the delinquency and the name, address, and phone number of the counseling organization for the counseling target area; and (ii) notifying any counseling organization for the counseling target area of the delinquency and the name, address, and phone number of the delinquent homeowner. (C) Coordination with emergency homeownership counseling program The Secretary may coordinate the provision of assistance under subsection (c) of this section with the demonstration program under this subsection. (D) Eligibility for counseling A homeowner shall be eligible for foreclosure-prevention counseling under this paragraph if - (i) the home owned by the homeowner is subject to a qualified mortgage; and (ii) such home is located in a counseling target area. (7) Scope of demonstration program (A) Designation of counseling target areas The Secretary shall designate 3 counseling target areas (as provided in subparagraph (B)), which shall be located in not less than 2 separate metropolitan areas. The Secretary shall provide for counseling under the demonstration program under this subsection with respect to only such counseling target areas. (B) Counseling target areas Each counseling target area shall consist of a group of contiguous census tracts - (i) the population of which is greater than 50,000; (ii) which together constitute an identifiable neighborhood, area, borough, district, or region within a metropolitan area (except that this clause may not be construed to exclude a group of census tracts containing areas not wholly contained within a single town, city, or other political subdivision of a State); (iii) in which the average age of existing housing is greater than 20 years; and (iv) for which (I) the percentage of qualified mortgages on homes within the area that are foreclosed exceeds 5 percent for the calendar year preceding the year in which the area is selected as a counseling target area, or (II) the number of qualified mortgages originated on homes in such area in the calendar year preceding the calendar year in which the area is selected as a counseling target area exceeds 20 percent of the total number of mortgages originated on residences in the area during such year. (C) Mortgage characteristics In designating counseling target areas under subparagraph (A), the Secretary shall designate at least 1 such area that meets the requirements of subparagraph (B)(iv)(I) and at least 1 such area that meets the requirements of subparagraph (B)(iv)(II). (D) Expansion of target areas The Secretary may expand any counseling target area during the term of the demonstration program, if the Secretary determines that counseling can be adequately provided within such expanded area and the purposes of this subsection will be furthered by such expansion. Any such expansion shall include only groups of census tracts that are contiguous to the counseling target area expanded and such census tract groups shall not be subject to the provisions of subparagraph (B). (E) Designation of control areas For purposes of determining the effectiveness of counseling under the demonstration program, the Secretary shall designate 3 control areas, each of which shall correspond to 1 of the counseling target areas designated under subparagraph (A). Each control area shall be located in the metropolitan area in which the corresponding counseling target area is located, shall meet the requirements of subparagraph (B), and shall be similar to such area with respect to size, age of housing stock, median income, and racial makeup of the population. Each control area shall also comply with the requirements of subclause (I) or (II) of subparagraph (B)(iv), according to the subclause with which the corresponding counseling target area complies. (8) Evaluation Each organization providing counseling under the demonstration program under this subsection shall maintain records with respect to each eligible homebuyer and eligible homeowner counseled and shall provide information with respect to such counseling as the Secretary or the Comptroller General may require. (9) Definitions For purposes of this subsection: (A) The term "control area" means an area designated by the Secretary under paragraph (7)(E). (B) The term "counseling target area" means an area designated by the Secretary under paragraph (7)(A). (C) The term "creditor" means a person or entity that is servicing a loan secured by a qualified mortgage on behalf of itself or another person or entity. (D) The term "displaced homemaker" means an individual who - (i) is an adult; (ii) has not worked full-time, full-year in the labor force for a number of years, but has during such years, worked primarily without remuneration to care for the home and family; and (iii) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (E) The term "downpayment" means the amount of purchase price of home required to be paid at or before the time of purchase. (F) The term "eligible homebuyer" means a homebuyer that meets the requirements under paragraph (5)(B). (G) The term "eligible homeowner" means a homeowner that meets the requirements under paragraph (6)(D). (H) The term "first-time homebuyer" means an individual who - (i) (and whose spouse) has had no ownership in a principal residence during the 3-year period ending on the date of purchase of the home pursuant to which counseling is provided under this subsection; (ii) is a displaced homemaker who, except for owning a residence with his or her spouse or residing in a residence owned by the spouse, meets the requirements of clause (i); or (iii) is a single parent who, except for owning a residence with his or her spouse or residing in a residence owned by the spouse while married, meets the requirements of clause (i). (I) The term "home" includes any dwelling or dwelling unit eligible for a qualified mortgage, and includes a unit in a condominium project, a membership interest and occupancy agreement in a cooperative housing project, and a manufactured home and the lot on which the home is situated. (J) The term "metropolitan area" means a standard metropolitan statistical area as designated by the Director of the Office of Management and Budget. (K) The term "qualified mortgage" means a mortgage on a 1- to 4-family home that is insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.]. (L) The term "Secretary" means the Secretary of Housing and Urban Development. (M) The term "single parent" means an individual who - (i) is unmarried or legally separated from a spouse; and (ii)(I) has 1 or more minor children for whom the individual has custody or joint custody; or (II) is pregnant. (10) Regulations The Secretary may issue any regulations necessary to carry out this subsection. (11) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $365,000 for fiscal year 1993 and $380,330 for fiscal year 1994. (12) Termination The demonstration program under this subsection shall terminate at the end of fiscal year 1994. (e) Certification (1) Requirement for assistance An organization may not receive assistance for counseling activities under subsection (a)(1)(iii), (a)(2), (c), or (d) of this section, unless the organization provides such counseling, to the extent practicable, by individuals who have been certified by the Secretary under this subsection as competent to provide such counseling. (2) Standards and examination The Secretary shall, by regulation, establish standards and procedures for testing and certifying counselors. Such standards and procedures shall require for certification that the individual shall demonstrate, by written examination (as provided under subsection (f)(4) of this section), competence to provide counseling in each of the following areas: (A) Financial management. (B) Property maintenance. (C) Responsibilities of homeownership and tenancy. (D) Fair housing laws and requirements. (E) Housing affordability. (F) Avoidance of, and responses to, rental and mortgage delinquency and avoidance of eviction and mortgage default. (3) Encouragement The Secretary shall encourage organizations engaged in providing homeownership and rental counseling that do not receive assistance under this section to employ individuals to provide such counseling who are certified under this subsection or meet the certification standards established under this subsection. (f) Homeownership and rental counselor training and certification programs (1) Establishment To the extent amounts are provided in appropriations Acts under paragraph (7), the Secretary shall contract with an appropriate entity (which may be a nonprofit organization) to carry out a program under this subsection to train individuals to provide homeownership and rental counseling and to administer the examination under subsection (e)(2) of this section and certify individuals under such subsection. (2) Eligibility and selection (A) Eligibility To be eligible to provide the training and certification program under this subsection, an entity shall have demonstrated experience in training homeownership and rental counselors. (B) Selection The Secretary shall provide for entities meeting the requirements of subparagraph (A) to submit applications to provide the training and certification program under this subsection. The Secretary shall select an application based on the ability of the entity to - (i) establish the program as soon as possible on a national basis, but not later than the date under paragraph (6); (ii) minimize the costs involved in establishing the program; and (iii) effectively and efficiently carry out the program. (3) Training The Secretary shall require that training of counselors under the program under this subsection be designed and coordinated to prepare individuals for successful completion of the examination for certification under subsection (e)(2) of this section. The Secretary, in consultation with the entity selected under paragraph (2)(B), shall establish the curriculum and standards for training counselors under the program. (4) Certification The entity selected under paragraph (2)(B) shall administer the examination under subsection (e)(2) of this section and, on behalf of the Secretary, certify individuals successfully completing the examination. The Secretary, in consultation with such entity, shall establish the content and format of the examination. (5) Fees Subject to the approval of the Secretary, the entity selected under paragraph (2)(B) may establish and impose reasonable fees for participation in the training provided under the program and for examination and certification under subsection (e)(2) of this section, in an amount sufficient to cover any costs of such activities not covered with amounts provided under paragraph (7). (6) Timing The entity selected under paragraph (2)(B) to carry out the training and certification program shall establish the program as soon as possible after such selection, and shall make training and certification available under the program on a national basis not later than the expiration of the 1-year period beginning upon such selection. (7) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $2,000,000 for fiscal year 1993 and $2,084,000 for 1994. -SOURCE- (Pub. L. 90-448, title I, Sec. 106, Aug. 1, 1968, 82 Stat. 490; Pub. L. 91-609, title IX, Sec. 903(a), (b), Dec. 31, 1970, 84 Stat. 1808; Pub. L. 93-383, title VIII, Sec. 811, Aug. 22, 1974, 88 Stat. 735; Pub. L. 95-128, title IX, Sec. 903, Oct. 12, 1977, 91 Stat. 1149; Pub. L. 97-35, title III, Sec. 339A, Aug. 13, 1982, 95 Stat. 417; Pub. L. 98-181, title IV, Sec. 465, Nov. 30, 1983, 97 Stat. 1236; Pub. L. 98-479, title II, Sec. 204(f), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 100-242, title I, Sec. 169, Feb. 5, 1988, 101 Stat. 1865; Pub. L. 100-628, title X, Sec. 1009, Nov. 7, 1988, 102 Stat. 3266; Pub. L. 101-137, Sec. 8, Nov. 3, 1989, 103 Stat. 826; Pub. L. 101-625, title V, Sec. 577, title VII, Sec. 706(c), Nov. 28, 1990, 104 Stat. 4238, 4286; Pub. L. 102-550, title I, Sec. 162(a)-(d), Oct. 28, 1992, 106 Stat. 3719-3721; Pub. L. 104-316, title I, Sec. 106(a), Oct. 19, 1996, 110 Stat. 3830; Pub. L. 105- 276, title V, Sec. 594(a), (b), Oct. 21, 1998, 112 Stat. 2655; Pub. L. 107-73, title II, Sec. 205, Nov. 26, 2001, 115 Stat. 674; Pub. L. 109-163, div. A, title VI, Sec. 688(a), Jan. 6, 2006, 119 Stat. 3336.) -REFTEXT- REFERENCES IN TEXT The Housing and Community Development Act of 1974, referred to in subsec. (a)(1)(iv), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (Sec. 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables. The National Housing Act, referred to in subsecs. (a)(2) and (d)(9)(K), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the Act is classified generally to subchapter II (Sec. 1707 et seq.) of this chapter. For complete classification of this Act to the Code, see section 1701 of this title and Tables. Section 152 of the Housing and Community Development Act of 1992, referred to in subsec. (a)(3), is section 152 of Pub. L. 102-550, which was set out as a note under section 1437f of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 105-276, title V, Sec. 550(f), Oct. 21, 1998, 112 Stat. 2610. The Housing Act of 1949, referred to in subsec. (c)(4)(B), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing Act of 1949 is classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42, The Public Health and Welfare, and Tables. The Servicemembers Civil Relief Act, referred to in subsec. (c)(5)(A)(ii)(IV), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, which is classified to section 501 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section 501 of Title 50, Appendix, and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 2006 - Subsec. (c)(5)(A)(ii)(IV). Pub. L. 109-163 added subcl. (IV). 2001 - Subsec. (c)(9). Pub. L. 107-73 struck out heading and text of par. (9). Text read as follows: "The provisions of this subsection shall not be effective after September 30, 2000." 1998 - Subsec. (c)(5)(C). Pub. L. 105-276, Sec. 594(b), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: "Notification under subparagraph (A) shall not be required with respect to any loan - "(i) insured or guaranteed under chapter 37 of title 38; or "(ii) for which the eligible homeowner pays the amount overdue before the expiration of the 45-day period under subparagraph (B)(ii)." Subsec. (c)(9). Pub. L. 105-276, Sec. 594(a), substituted "2000" for "1994". 1996 - Subsec. (d)(5)(A). Pub. L. 104-316, Sec. 106(a)(2), substituted "(9)" for "(10)(K)" in introductory provisions. Subsec. (d)(8). Pub. L. 104-316, Sec. 106(a)(3), struck out "(for purposes of the study and report under paragraph (9))" before "may require". Subsec. (d)(9) to (13). Pub. L. 104-316, Sec. 106(a)(1), (4), redesignated pars. (10) to (13) as (9) to (12), respectively, and struck out former par. (9) which related to GAO study and report on demonstration program. 1992 - Subsec. (a)(3). Pub. L. 102-550, Sec. 162(a), substituted "except that for such purposes there are authorized to be appropriated $6,025,000 for fiscal year 1993 and $6,278,050 for fiscal year 1994. Of the amounts appropriated for each of fiscal years 1993 and 1994, up to $500,000 shall be available for use for counseling and other activities in connection with the demonstration program under section 152 of the Housing and Community Development Act of 1992." for "except that for such purposes there are authorized to be appropriated $3,600,000 for fiscal year 1991 and $3,700,000 for fiscal year 1992." Subsec. (c)(3)(A)(iii). Pub. L. 102-550, Sec. 162(b)(3), added cl. (iii). Subsec. (c)(4). Pub. L. 102-550, Sec. 162(b)(4), inserted flush sentence at end. Subsec. (c)(5)(A). Pub. L. 102-550, Sec. 162(b)(5), added subpar. (A) and struck out former subpar. (A) which read as follows: "(A) In general. - Except as provided in subparagraph (C), if any eligible homeowner fails to pay any amount by the date the amount is due under a home loan, the creditor of the loan shall notify the homeowner of the availability of any homeownership counseling offered by the creditor and, as a supplement to counseling provided by the creditor, shall notify the homeowner of 1 of the following: "(i) The availability of homeownership counseling provided by nonprofit organizations approved by the Secretary and experienced in the provision of homeownership counseling. "(ii) The toll-free telephone number described in subparagraph (D)(i)." Subsec. (c)(5)(D)(i). Pub. L. 102-550, Sec. 162(b)(6), inserted ", which shall be updated annually," after "organizations". Subsec. (c)(8). Pub. L. 102-550, Sec. 162(b)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "There is authorized to be appropriated to carry out this section $6,700,000 for fiscal year 1991 and $7,000,000 for fiscal year 1992, of which amounts $2,000,000 shall be available in each such fiscal year to carry out paragraph (5)(D)." Subsec. (c)(9). Pub. L. 102-550, Sec. 162(b)(2), substituted "1994" for "1992". Subsec. (d)(12). Pub. L. 102-550, Sec. 162(c), amended par. (12) generally. Prior to amendment, par. (12) read as follows: "There are authorized to be appropriated to carry out this subsection $350,000 for fiscal year 1991 and $365,000 for fiscal year 1992." Subsecs. (e), (f). Pub. L. 102-550, Sec. 162(d), added subsecs. (e) and (f). 1990 - Subsec. (a)(2)(A) to (C). Pub. L. 101-625, Sec. 706(c), designated portions of existing text as cls. (A) and (C), and added cl. (B). Subsec. (a)(3). Pub. L. 101-625, Sec. 577(a), substituted provisions authorizing appropriations of $3,600,000 for fiscal year 1991 and $3,700,000 for fiscal year 1992, for provisions authorizing appropriations of $3,500,000 for each of the fiscal years 1988 and 1989. Subsec. (c)(5). Pub. L. 101-625, Sec. 577(b)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "The creditor of a delinquent home loan shall notify an eligible homeowner of the availability of any homeownership counseling offered by the creditor. As a supplement to the counseling provided by the creditor, the creditor shall notify the homeowner of the availability of 1 of the following: "(A) Homeownership counseling provided by nonprofit organizations approved by the Secretary and experienced in the provision of homeownership counseling. "(B) A list of the nonprofit organizations, approved by the Secretary and experienced in the provision of homeownership counseling, that can be obtained by calling a toll-free telephone number at the Department of Housing and Urban Development. "(C) Homeownership counseling provided by the Administrator of Veterans' Affairs for loans insured or guaranteed under chapter 37 of title 38." Subsec. (c)(8). Pub. L. 101-625, Sec. 577(b)(1), amended first sentence generally. Prior to amendment, first sentence read as follows: "There are authorized to be appropriated to carry out this subsection $3,500,000 for each of the fiscal years 1988 and 1989." Subsec. (c)(9). Pub. L. 101-625, Sec. 577(b)(2), substituted "September 30, 1992" for "September 30, 1990". Subsec. (d). Pub. L. 101-625, Sec. 577(c), added subsec. (d). 1989 - Subsec. (c)(9). Pub. L. 101-137 substituted "September 30, 1990" for "September 30, 1989". 1988 - Subsec. (a)(2). Pub. L. 100-628 inserted before period at end of first sentence "or guaranteed or insured under chapter 37 of title 38". Subsec. (a)(3). Pub. L. 100-242, Sec. 169(a), substituted "except that for each of the fiscal years 1988 and 1989 there are authorized to be appropriated $3,500,000 for such purposes" for "except that for the fiscal year 1984, there are authorized to be appropriated not to exceed $3,500,000 for such purposes". Subsec. (c). Pub. L. 100-242, Sec. 169(b), added subsec. (c). 1984 - Subsec. (b)(1). Pub. L. 98-479 substituted "architectural" for "architechtual". 1983 - Subsec. (a)(3). Pub. L. 98-181 substituted "1984" for "1982", and "$3,500,000" for "$4,000,000". 1981 - Subsec. (a)(3). Pub. L. 97-35 inserted provisions authorizing appropriations for fiscal year 1982. 1977 - Subsec. (a)(2). Pub. L. 95-128 authorized the Secretary to provide the services for other owners of single family dwelling units insured under subchapter II of this chapter. 1974 - Subsec. (a)(1). Pub. L. 93-383, Sec. 811(b)(1), (c), in cl. (iii) substituted provisions authorizing counseling and advice to tenants and homeowners with respect to property maintenance, etc., for provisions authorizing counseling on household management, self-help, etc., for families receiving assistance under this chapter or the United States Housing Act of 1937, and added cl. (iv). Subsec. (a)(2). Pub. L. 93-383, Sec. 811(b)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 93-383, Sec. 811(b)(2), (d), redesignated former par. (2) as (3) and substituted "such sums as may be necessary" for "not to exceed $5,000,000". Subsec. (b)(1), (2). Pub. L. 93-383, Sec. 811(e), (f), inserted reference to public housing agencies. 1970 - Subsec. (a). Pub. L. 91-609, Sec. 903(a), designated existing provisions as par. (1), inserted provision respecting specific authorities without limitation to such authorities, redesignated former par. (1) as cl. (i), struck out introductory text relating to assistance with respect to construction, rehabilitation, and operation by nonprofit organizations of housing for low or moderate income families now incorporated in cl. (i), redesignated former par. (2) as cl. (ii), inserting therein provision for assistance to public bodies or to nonprofit or cooperative organizations, including assistance with respect to self-help and mutual self-help programs, and added cl. (iii) and par. (2). Subsec. (b)(1). Pub. L. 91-609, Sec. 903(b), substituted "section 1715z of this title or any other federally assisted program" for "any federally assisted program" in first sentence. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-163, div. A, title VI, Sec. 688(d), Jan. 6, 2006, 119 Stat. 3337, provided that: "The amendments made under subsection (a) [amending this section] shall take effect 150 days after the date of the enactment of this Act [Jan. 6, 2006]." EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-276, title V, Sec. 594(c), Oct. 21, 1998, 112 Stat. 2656, provided that: "The amendments made by this section [amending this section] are made on, and shall apply beginning upon, the date of the enactment of this Act [Oct. 21, 1998]." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. REGULATIONS Section 162(e) of Pub. L. 102-550 provided that: "The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendments made by subsection (d) [amending this section], not later than the expiration of the 6- month period beginning on the date of the enactment of this Act [Oct. 28, 1992]." CONSTRUCTION OF AMENDMENTS BY PUB. L. 109-163 Pub. L. 109-163, div. A, title VI, Sec. 688(b), Jan. 6, 2006, 119 Stat. 3337, provided that: "Nothing in this section [amending this section and enacting provisions set out as notes under this section] shall relieve any person of any obligation imposed by any other Federal, State, or local law." DISCLOSURE FORM Pub. L. 109-163, div. A, title VI, Sec. 688(c), Jan. 6, 2006, 119 Stat. 3337, provided that: "Not later than 150 days after the date of the enactment of this Act [Jan. 6, 2006], the Secretary of Housing and Urban Development shall issue a final disclosure form to fulfill the requirement of subclause (IV) of section 106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701x(c)(5)(A)(ii)(IV)], as added by subsection (a)." -End- -CITE- 12 USC Sec. 1701y 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701y. National Homeownership Foundation -STATUTE- (a) Creation; purpose; articles of incorporation and charter; reservation of right to alter or amend charter; term; principal office; administration as charitable and educational foundation; compensation of officers and employees; contract authority; donations and grants; payment of principal and interest on borrowings (1) There is hereby created a body corporate to be known as the "National Homeownership Foundation" (hereinafter referred to as the "Foundation") to carry out a continuing program of encouraging private and public organizations at the national, community, and neighborhood levels to provide increased homeownership and housing opportunities in urban and rural areas for lower income families through such means as - (A) encouraging the investment in, and sponsoring of, housing for lower income families; (B) encouraging the establishment of programs of assistance and counseling to lower income families to enable them better to achieve and afford adequate housing; (C) providing a broad range of technical assistance through publications and advisory services to public and private organizations which are carrying out, or are desirous of carrying out, programs to expand homeownership and housing opportunities for lower income families; and (D) providing grants and loans to public and private organizations carrying out homeownership and housing opportunity programs for lower income families to help cover some of the expenses of such programs. (2) The Foundation shall be deemed to be a corporation without members organized and established under the provisions of the District of Columbia Nonprofit Corporation Act, with all the rights, powers, and responsibilities thereof except as limited by this section and any amendments thereto. This section shall constitute the articles of incorporation and charter of the Foundation, which shall not be an agency or instrumentality of the United States Government. The Congress expressly reserves the exclusive right to alter or amend this charter. The Foundation shall have succession until dissolved by Act of Congress. The Foundation shall maintain its principal office in the District of Columbia. (3) No part of the net earnings of the Foundation shall inure to the benefit of any private person, and no substantial part of its activities shall be devoted to attempting to influence legislation. The Foundation shall not participate or intervene in any political campaign on behalf of any candidate for public office. The Foundation shall be operated and administered at all times as a charitable and educational foundation. (4) No employee or officer of the Foundation shall receive compensation in excess of that received by or hereafter prescribed by law for heads of executive departments. (5) The Foundation shall make maximum use of existing public and private agencies and programs, and in carrying out its functions the Foundation is authorized to contract with individuals, private corporations, organizations, and associations, and with agencies of the Federal, State, and local governments. (6) The Foundation is authorized to receive donations and grants from individuals and from public and private organizations, foundations, and agencies. (7) The Foundation may use only donated funds, or funds derived from payment of interest on loans made by it, for the principal and interest payments on any borrowings. (b) Board of Directors; appointment of members; Chairman; terms of office; reappointment; compensation and travel expenses; Executive Director and other officers; vacancies; by-laws (1) The Foundation shall have a Board of Directors consisting of eighteen members, fifteen of whom shall be appointed by the President of the United States, with the advice and consent of the Senate. The other three members shall be, ex officio, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Office of Economic Opportunity. The President shall appoint one of the fifteen appointed members to serve as Chairman of the Board during his term of office as a member. (2) Within thirty days after August 1, 1968, the President shall appoint the fifteen appointed members of the Board. Not more than five of such members shall, at the time of their appointment, be serving full time as officers or employees of the Federal Government, or as officers or employees of any State or local government. Each appointed member of the Board shall hold office for a term of three years, except that (A) any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of the members first taking office shall expire, as designated by the President at the time of appointment, five at the end of the first year, five at the end of the second year, and five at the end of the third year after the date of appointment. Members of the Board, however appointed, shall be eligible for reappointment, but at no time shall there be more than five members of the Board who at the time of their appointment or reappointment were full-time officers or employees of the Federal Government or of any State or local government. (3) Appointed members of the Board who are not employees of the Federal Government, while attending meetings or conferences of the Board or otherwise serving on business of the Board, shall be entitled to receive compensation at rates fixed by the President, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently. (4) The Board shall appoint an Executive Director of the Foundation. The Executive Director shall be the chief executive officer of the Foundation and shall serve at the pleasure of the Board, and all other executive officers and employees of the Board shall be responsible to him. The Board shall also cause to be appointed a secretary, a treasurer, and such other officers as may be necessary to conduct properly the business of the Foundation, and shall provide for filling vacancies in such offices. (5) The Board shall adopt bylaws for the Foundation which shall be made available for public inspection upon request. (c) Functions; programs to expand homeownership and housing opportunities for lower income families; fees for assistance or services (1) The Foundation shall assist public and private organizations, at their request, in initiating, developing, and conducting programs to expand homeownership and housing opportunities for lower income families. To provide such assistance and to carry out the purposes of this section, the Foundation is authorized to - (A) carry out a continuing program of encouraging private and public organizations at the national, community, and neighborhood levels in the establishment of such programs; (B) assist in the formation of organizations the purpose of which is the development and carrying out of such programs, including the establishment of local development funds for financing housing for lower income families through the pooling of moneys from private sources; (C) identify and arrange for the technical and managerial assistance and personnel needed for the successful operation of such programs by public and private organizations; (D) assist public and private organizations in obtaining the mortgage financing, insurance, and other requirements or aids necessary for conducting programs of housing construction, rehabilitation, or improvement for lower income families; (E) arrange for, or provide on a limited basis, training for persons in the skills needed in administering programs of homeownership and housing opportunity for lower income families; (F) encourage research and innovation, and collect and make available such information as may be desirable to further the purposes of this section, including but not limited to such activities as the sponsoring of seminars, conferences, and meetings and the establishment of a continuing information program to acquaint lower income families with the means they can use to improve the quality of their housing and the homeownership and housing opportunities available to them; (G) assist private and public organizations in establishing, in connection with their homeownership and housing opportunity programs for lower income families, counseling and similar activities designed to advise lower income families of the means available to better themselves economically through job training and manpower development programs; and (H) perform other similar services in order to further the purposes of this section. (2) The Foundation may, if it deems it appropriate, charge a reasonable fee for any assistance or service provided under this subsection. (d) Grants and loans to public or private organizations; eligibility; encouragement of cooperation between organizations and neighborhoods and communities (1) In order to assist public and private organizations which are carrying out homeownership and housing opportunity programs for lower income families to fill unmet needs, initiate exceptional programs, and experiment with new approaches and programs, the Foundation is authorized, subject to such terms and conditions as it may prescribe, to make grants and loans to such organizations to help defray the following expenses: (A) organizational and administrative expenses incurred in commencing the operation of a program, or in expanding an existing program, to the extent that the activities are related to providing homeownership and housing opportunities for lower income families; (B) necessary preconstruction costs incurred for architectural assistance, land options, application fees, and similar items; and (C) the cost of carrying out programs providing counseling or similar services to lower income families for whom housing is being provided, in order to enable those families better to achieve and afford adequate housing, in such matters as home management, budget management, and home maintenance. (2) In order to be eligible for a grant or loan under this subsection, the organization seeking such assistance shall demonstrate to the satisfaction of the Foundation that the funds requested are not otherwise available from Federal sources: Provided, That a grant or loan under this subsection may be provided to help cover that portion of the cost of an eligible activity not covered by Federal funds. (3) The Foundation shall encourage cooperation between public and private organizations carrying out programs of homeownership and housing opportunity for lower income families and the neighborhoods and communities affected by such programs. To help assure such cooperation and in order to coordinate, to the maximum extent feasible, any construction or rehabilitation activities with the development goals of the neighborhood or community affected, no application for a loan or grant under this subsection shall be considered unless such application has been submitted to the governing body of the community affected, or to such other entity of local government as may be designated by the governing body, for such recommendations as the local governing body or its designee may desire to make. Any recommendations so made shall be given careful consideration by the Foundation before taking final action on any such application. If, upon the expiration of thirty days after any such application has been submitted to such governing body or its designee, such body or designee fails to provide such recommendations, the application may be considered without the benefit of such recommendations. (e) Coordination of activities and consultation with Department of Housing and Urban Development and other Federal departments and agencies The Foundation shall coordinate its activities and consult with the Department of Housing and Urban Development and other Federal departments and agencies engaged in providing homeownership and housing opportunities for lower income families. (f) Annual report to the President and the Congress; contents (1) Not later than one hundred and twenty days after the close of each fiscal year, the Foundation shall prepare and submit to the President and to the Congress a full report of its activities during such year. Such report shall include an account of the Foundation's experiences with the efforts of private and public organizations to expand homeownership and housing opportunities for lower income families, together with such recommendations as it deems appropriate. (2) Whenever in its judgement the general unavailability of mortgage funds is sufficiently serious to deter the Foundation from carrying out its objective of expanding homeownership and housing opportunities for lower income families, the Foundation shall, in its annual report or in a separate report to the President and the Congress, state its findings and make such recommendations for alternate means of financing housing for such families as it deems appropriate. (g) Audit of financial transaction; access to records; report of audit; contents of report (1) The financial transactions of the Foundation shall be audited by the Government Accountability Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Foundation and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. The audit shall cover the fiscal year corresponding to that of the United States Government. (2) A report of each such audit shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit. The report shall set forth the scope of the audit and shall include a statement of assets and liabilities, capital, and surplus or deficit; a statement of sources and application of funds; and such comments and information as may be deemed necessary to keep the Congress informed of the operations and financial condition of the Foundation, together with such recommendations with respect thereto as the Comptroller General may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking, observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law. A copy of each report shall be furnished to the President and to the Foundation at the time submitted to the Congress. (h) Deposit of funds of Foundation Funds of the Foundation shall be deposited, to the extent practicable, in accounts with financial institutions which are actively engaged in making loans or are otherwise carrying on activities in furtherance of homeownership and housing opportunities for lower income families. (i) Authorization of appropriations There is authorized to be appropriated to the Foundation not to exceed $10,000,000 to carry out the purposes of this section. Appropriations made hereunder shall remain available until expended. -SOURCE- (Pub. L. 90-448, title I, Sec. 107, Aug. 1, 1968, 82 Stat. 491; Pub. L. 93-604, title VI, Sec. 604, Jan. 2, 1975, 88 Stat. 1963; Pub. L. 104-66, title I, Sec. 1072(b), Dec. 21, 1995, 109 Stat. 721; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Nonprofit Corporation Act, referred to in subsec. (a)(2), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as amended, which is not classified to the Code. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 2004 - Subsec. (g)(1). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in two places. 1995 - Subsec. (g)(1). Pub. L. 104-66 struck out at end "Such audit shall be made at least once in every three years." 1975 - Subsec. (g)(1). Pub. L. 93-604, Sec. 604(1), inserted provision that the audit under this subsection shall be made at least once in every three years. Subsec. (g)(2). Pub. L. 93-604, Sec. 604(2), substituted "six and one-half months following the close of the last year covered by such audit" for "January 15 following the close of the fiscal year for which the audit was made". TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (f)(1) of this section relating to submittal of an annual report to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 203 of House Document No. 103-7. OFFICE OF ECONOMIC OPPORTUNITY Pub. L. 93-644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310 [42 U.S.C. 2941], amended the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] to create the Community Services Administration, an independent agency in the executive branch, as the successor authority to the Office of Economic Opportunity, and provided that references to the Office of Economic Opportunity or to its Director were deemed to refer to the Community Services Administration or its Director. The Community Services Administration was terminated when the Economic Opportunity Act of 1964, except for titles VIII and X, was repealed, effective Oct. 1, 1981, by section 683(a) of Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a). An Office of Community Services, headed by a Director, was established in the Department of Health and Human Services by section 676 of Pub. L. 97-35, which is classified to 42 U.S.C. 9905. -End- -CITE- 12 USC Sec. 1701z 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z. New technologies in the development of housing for lower income families -STATUTE- (a) Institution of program; assistance to mobile home buyers In order to encourage the use of new housing technologies in providing decent, safe, and sanitary housing for lower income families; to encourage large-scale experimentation in the use of such technologies; to provide a basis for comparison of such technologies with existing housing technologies in providing such housing; and to evaluate the effect of local housing codes and zoning regulations on the large-scale use of new housing technologies in the provision of such housing, the Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") shall institute a program under which qualified organizations, public and private, will submit plans for the development of housing for lower income families, using new and advanced technologies, on Federal land which has been made available by the Secretary for the purposes of this section, or on other land where (1) local building regulations permit the construction of experimental housing, or (2) State or local law permits variances from building regulations in the construction of experimental housing for the purpose of testing and developing new building technologies. (b) Approval of plans utilizing new housing technologies; considerations The Secretary shall approve not more than five plans utilizing new housing technologies which are submitted to him pursuant to the program referred to in subsection (a) of this section and which he determines are most promising in furtherance of the purposes of this section. In making such determination the Secretary shall consider - (1) the potential of the technology employed for producing housing for lower income families on a large scale at a moderate cost; (2) the extent to which the plan envisages environmental quality; (3) the possibility of mass production of the technology; and (4) the financial soundness of the organization submitting the plan, and the ability of such organization, alone or in combination with other organizations, to produce at least one thousand dwelling units a year utilizing the technology proposed. (c) Number of dwelling units to be constructed for each type of technology; evaluation of projects In approving projects for mortgage insurance under section 1715x(a)(2) of this title, the Secretary shall seek to achieve the construction of at least one thousand dwelling units a year over a five-year period for each of the various types of technologies proposed in approved plans under subsection (b) of this section. The Secretary shall evaluate each project with respect to which assistance is extended pursuant to this section with a view to determining (1) the detailed cost breakdown per dwelling unit, (2) the environmental quality achieved in each unit, and (3) the effect which local housing codes and zoning regulations have, or would have if applicable, on the cost per dwelling unit. (d) Transfer of surplus property Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949, any land which is excess property within the meaning of such Act and which is determined by the Secretary to be suitable in furtherance of the purposes of this section may be transferred to the Secretary upon his request. (e) Report of findings; legislative recommendations The Secretary shall, at the earliest practicable date, report his findings with respect to projects assisted pursuant to this section (including evaluations of each such project in accordance with subsection (c) of this section), together with such recommendations for additional legislation as he determines to be necessary or desirable to expand the available supply of decent, safe, and sanitary housing for lower income families through the use of technologies the efficacy of which has been demonstrated under this section. -SOURCE- (Pub. L. 90-448, title I, Sec. 108(a)-(e), Aug. 1, 1968, 82 Stat. 495, 496.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701z-1 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-1. Research and demonstrations; authorization of appropriations; continuing availability of funds -STATUTE- The Secretary of Housing and Urban Development is authorized and directed to undertake such programs of research, studies, testing, and demonstration relating to the mission and programs of the Department as he determines to be necessary and appropriate. There is (!1) authorized to be appropriated to carry out this title [12 U.S.C. 1701z-1 et seq.] $35,000,000 for fiscal year 1993 and $36,470,000 for fiscal year 1994. -SOURCE- (Pub. L. 91-609, title V, Sec. 501, Dec. 31, 1970, 84 Stat. 1784; Pub. L. 94-375, Sec. 23(a), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 95- 128, title II, Sec. 204, Oct. 12, 1977, 91 Stat. 1129; Pub. L. 95- 557, title III, Sec. 305(a), Oct. 31, 1978, 92 Stat. 2097; Pub. L. 96-153, title III, Sec. 304, Dec. 21, 1979, 93 Stat. 1112; Pub. L. 96-399, title III, Sec. 303, Oct. 8, 1980, 94 Stat. 1639; Pub. L. 97-35, title III, Sec. 337, Aug. 13, 1981, 95 Stat. 414; Pub. L. 98- 181, title IV, Sec. 466(a), Nov. 30, 1983, 97 Stat. 1236; Pub. L. 100-242, title V, Sec. 564, Feb. 5, 1988, 101 Stat. 1945; Pub. L. 101-625, title IX, Sec. 951(a), Nov. 28, 1990, 104 Stat. 4417; Pub. L. 102-550, title IX, Sec. 901, Oct. 28, 1992, 106 Stat. 3866.) -REFTEXT- REFERENCES IN TEXT This title, referred to in text, is title V of the Housing and Urban Development Act of 1970, Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1784, as amended, which is classified generally to section 1701z-1 et seq. of this title. For complete classification of this Act to the Code, see Short Title of 1970 Amendments note set out under section 1701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1992 - Pub. L. 102-550 substituted "There is authorized to be appropriated to carry out this title $35,000,000 for fiscal year 1993 and $36,470,000 for fiscal year 1994." for "There are authorized to be appropriated to carry out this title $21,200,000 for fiscal year 1991 and $22,100,000 for fiscal year 1992. From any amounts appropriated under this section for fiscal year 1991, the Secretary shall use not more than $500,000 to carry out a demonstration project to test affordable housing technologies, and shall include in the annual report under section 3536 of title 42 (for the appropriate year) a statement of the activities under the demonstration program and findings resulting from the program. The statement shall set forth the amount and use of funds expended by the Secretary under the program for the year relating to the report and the Secretary shall include such a statement in each such annual report for each year that amounts appropriated under this section are used under the demonstration. All funds so appropriated shall remain available until expended unless specifically limited." 1990 - Pub. L. 101-625 substituted provisions authorizing appropriations of $21,200,000 for 1991 and $22,100,000 for 1992, for provisions authorizing $17,000,000 for 1988 and $18,000,000 for 1989, and added provisions limiting amount to be used for demonstration project in 1991 and requiring that annual report include statement relating to such project. 1988 - Pub. L. 100-242 substituted "There are authorized to be appropriated to carry out this title $17,000,000 for fiscal year 1988, and $18,000,000 for fiscal year 1989." for "There are authorized to be appropriated for activities under this title not to exceed $19,000,000 for fiscal year 1984, and such sums as may be necessary for fiscal year 1985. Of the amount appropriated under the preceding sentence for fiscal year 1984, not less than $2,000,000 shall be provided for implementation of a research program to be developed in consultation with public housing agencies, which program shall identify current problems of public housing management, specific solutions to such problems, and incentives to encourage implementation of such solutions." 1983 - Pub. L. 98-181 substituted provisions relating to appropriations for fiscal years 1984 and 1985 and the expenditure of not less than $2,000,000 for a public housing management research program for provisions authorizing appropriations of $65,000,000 for fiscal 1977, $60,000,000 for fiscal 1978, $62,000,000 for fiscal 1979, $50,300,000 for fiscal 1980, $51,000,000 for fiscal 1981 and $35,000,000 for fiscal 1982. 1981 - Pub. L. 97-35 inserted provisions authorizing appropriations for fiscal year 1982. 1980 - Pub. L. 96-399 authorized appropriation of $51,000,000 for fiscal year 1981. 1979 - Pub. L. 96-153 authorized appropriation of $50,300,000 for fiscal year 1980. 1978 - Pub. L. 95-557 substituted "not to exceed $60,000,000 for the fiscal year 1978, and not to exceed $62,000,000 for the fiscal year 1979" for "and not to exceed $60,000,000 for the fiscal year 1978". 1977 - Pub. L. 95-128 authorized appropriation of $60,000,000 for fiscal year 1978. 1976 - Pub. L. 94-375 substituted provision authorizing appropriations for fiscal year 1977 in an amount not exceeding $65,000,000 for provision which authorized sums to be appropriated as may have been necessary. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of this title. REHABILITATION DEMONSTRATION GRANT PROGRAM Pub. L. 105-276, title V, Sec. 599G, Oct. 21, 1998, 112 Stat. 2666, provided that: "(a) In General. - The Secretary of Housing and Urban Development shall, to the extent amounts are provided in appropriation Acts to carry out this section, carry out a program to demonstrate the effectiveness of making grants for rehabilitation of single family housing located within 10 demonstration areas designated by the Secretary. Of the areas designated by the Secretary under this section - "(1) 6 shall be areas that have primarily urban characteristics; "(2) 3 shall be areas that are outside of a metropolitan statistical area; and "(3) 1 shall be an area that has primarily rural characteristics. In selecting areas, the Secretary shall provide for national geographic and demographic diversity. "(b) Grantees. - Grants under the program under this section may be made only to agencies of State and local governments and non- profit organizations operating within the demonstration areas. "(c) Selection Criteria. - In selecting among applications for designation of demonstration areas and grants under this section, the Secretary shall consider - "(1) the extent of single family residences located in the proposed area that have rehabilitation needs; "(2) the ability and expertise of the applicant in carrying out the purposes of the demonstration program, including the availability of qualified housing counselors and contractors in the proposed area willing and able to participate in rehabilitation activities funded with grant amounts; "(3) the extent to which the designation of such area and the grant award would promote affordable housing opportunities; "(4) the extent to which selection of the proposed area would have a beneficial effect on the neighborhood or community in the area and on surrounding areas; "(5) the extent to which the applicant has demonstrated that grant amounts will be used to leverage additional public or private funds to carry out the purposes of the demonstration program; "(6) the extent to which lenders (including local lenders and lenders outside the proposed area) are willing and able to make loans for rehabilitation activities assisted with grant funds; and "(7) the extent to which the application provides for the involvement of local residents in the planning of rehabilitation activities in the demonstration area. "(d) Use of Grant Funds. - Funds from grants made under this section may be used by grantees - "(1) to subsidize interest on loans, over a period of not more than 5 years from the origination date of the loan, made after the date of the enactment of this Act [Oct. 21, 1998] for rehabilitation of any owner-occupied 1- to 4-family residence, including the payment of interest during any period in which a residence is uninhabitable because of rehabilitation activities; "(2) to facilitate loans for rehabilitation of 1- to 4-family properties previously subject to a mortgage insured under the National Housing Act [12 U.S.C. 1701 et seq.] that has been foreclosed or for which insurance benefits have been paid, including to establish revolving loan funds, loan loss reserves, and other financial structures; and "(3) to provide technical assistance in conjunction with the rehabilitation of owner-occupied 1- to 4-family residences, including counseling, selection contractors, monitoring of work, approval of contractor payments, and final inspection of work. "(e) Definition of Rehabilitation. - For purposes of this section, the term 'rehabilitation' has the meaning given such term in section 203(k)(2)(B) of the National Housing Act (12 U.S.C. 1709(k)(2)(B)). "(f) Authorization of Appropriations. - There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 1999 through 2003. "(g) Effective Date. - This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998]." REPORT REGARDING RESEARCH ACTIVITIES Section 951(b) of Pub. L. 101-625 directed Secretary of Housing and Urban Development, not later than the expiration of the 1-year period beginning on Nov. 28, 1990, to submit to Congress a report listing and describing various research activities, studies, testing, and demonstration programs relating to mission and programs of Department of Housing and Urban Development that are being conducted, have concluded, or will conclude during such period, pursuant to section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1), title V of such Act (12 U.S.C. 1701z-1 et seq.), or any other authority, such report to include a statement identifying the individual or entity that is conducting each such activity, study, test, and demonstration program. -FOOTNOTE- (!1) So in original. Probably should be "are". -End- -CITE- 12 USC Sec. 1701z-2 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-2. Advanced technologies, methods, and materials for housing construction, rehabilitation, and maintenance -STATUTE- (a) General acceptance; costs, reduction; health and safety restrictions on expanded housing production The Secretary shall require, to the greatest extent feasible, the employment of new and improved technologies, methods, and materials in housing construction, rehabilitation, and maintenance under programs administered by him with a view to reducing costs, and shall encourage and promote the acceptance and application of such advanced technology, methods, and materials by all segments of the housing industry, communities, industries engaged in urban development activities, and the general public. To the extent feasible, in connection with the construction, major rehabilitation, or maintenance of any housing assisted under section 1701z-1 of this title, the Secretary shall assure that there is no restraint by contract, building code, zoning ordinance, or practice against the employment of new or improved technologies, techniques, materials, and methods or of preassembled products which may reduce the cost or improve the quality of such construction, rehabilitation, and maintenance, and therefore stimulate expanded production of housing, except where such restraint is necessary to insure safe and healthful working and living conditions. (b) Experimental construction under approved housing plans on Federal or other lands with view toward ultimate mass housing production; use of section 1701z-1 funds and authority To encourage large-scale experimentation in the use of new technologies, methods, and materials, with a view toward the ultimate mass production of housing and related facilities, the Secretary shall wherever feasible conduct programs under section 1701z-1 of this title in which qualified organizations, public and private, will submit plans for development and production of housing and related facilities using such new advances on Federal land which has been made available or acquired by the Secretary for the purpose of this subsection or on other land where (1) local building regulations permit such experimental construction, or (2) necessary variances from building regulations can be granted. The Secretary may utilize the funds and authority available to him under the provisions of section 1701z-1 of this title to assist in the implementation of plans which he approves. (c) Acquisition, use, and disposal of property; transfer of excess property Notwithstanding any other provision of law, the Secretary is authorized, in connection with projects under this title [12 U.S.C. 1701z-1 et seq.], to acquire, use and dispose of any land and other property required for the project as he deems necessary. Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949, any land which is excess property within the meaning of such Act and which is determined by the Secretary to be suitable in furtherance of the purposes of subsection (b) of this section may be transferred to the Secretary upon his request. (d) Technical assistance; reports; general dissemination and form of reports, data, and information In order to effectively carry out his activities under section 1701z-1 of this title, the Secretary is authorized to provide such advice and technical assistance as may be required and to pay for the cost of writing and publishing reports on activities and undertakings financed under section 1701z-1 of this title, as well as reports on similar activities and undertakings, not so financed, which are of significant value in furthering the purposes of that section. He may disseminate (without regard to the provisions of section 3204 of title 39 or section 4154 of such title with respect to any period before the effective date of such section 3204 as provided in section 15(a) of the Postal Reorganization Act) any reports, data, or information acquired or held under this title [12 U.S.C. 1701z-1 et seq.], including related data and information otherwise available to the Secretary through the operation of the programs and activities of the Department of Housing and Urban Development, in such form as he determines to be most useful to departments, establishments, and agencies of Federal, State, and local governments, to industry, and to the general public. (e) Contracts or grants; authority; advance and progress payments; work limitation The Secretary is authorized to carry out the functions authorized in section 1701z-1 of this title either directly or, without regard to section 5 of title 41, by contract or by grant. Advance and progress payment may be made under such contracts or grants without regard to the provisions of subsections (a) and (b) of section 3324 of title 31 and such contracts or grants may be made for work to continue for not more than four years from the date thereof. (f) Utilization of facilities of other agencies; working agreements, cooperative agreements, contract authority, receipt of funds, and exercise of section 1701c(c) powers In carrying out activities under section 1701z-1 of this title, the Secretary shall utilize to the fullest extent feasible the available facilities of other Federal departments and agencies, and shall consult with, and make recommendations to, such departments and agencies. The Secretary may enter into working agreements with such departments and agencies and contract or make grants on their behalf or have such departments and agencies contract or make grants on his behalf and such departments and agencies are hereby authorized to execute such contracts and grants. The Secretary is authorized to make or accept reimbursement for the cost of such activities. The Secretary is further authorized to undertake activities under this title [12 U.S.C. 1701z-1 et seq.] under cooperative agreements with industry and labor, agencies of State or local governments, educational institutions, and other organizations. He may enter into contracts with and receive funds from such agencies, institutions, and organizations, and may exercise any of the other powers vested in him by section 1701c(c) of this title. (g) Information and data; restriction on use or identification The Secretary is authorized to request and receive such information or data as he deems appropriate from private individuals and organizations, and from public agencies. Any such information or data shall be used only for the purposes for which it is supplied, and no publication shall be made by the Secretary whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment. -SOURCE- (Pub. L. 91-609, title V, Sec. 502, Dec. 31, 1970, 84 Stat. 1784; Pub. L. 94-375, Sec. 23(c), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98- 479, title II, Sec. 203(k), Oct. 17, 1984, 98 Stat. 2231.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsecs. (c), (d), and (f), is title V of the Housing and Urban Development Act of 1970, Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1784, as amended, which is classified generally to section 1701z-1 et seq., of this title. For complete classification of this Act to the Code, see Short Title of 1970 Amendments note set out under section 1701 of this title and Tables. The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works. For effective date of section 3204 of title 39 as provided in section 15(a) of the Postal Reorganization Act, referred to in subsec. (d), see notes preceding section 101 and under section 3204 of Title 39, Postal Service. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1984 - Subsec. (e). Pub. L. 98-479 substituted "subsections (a) and (b) of section 3324 of title 31" for "section 3648 of the Revised Statutes [31 U.S.C. 529]". 1976 - Subsec. (f). Pub. L. 94-375 inserted "and such departments and agencies are hereby authorized to execute such contracts and grants." after "make grants on his behalf". -End- -CITE- 12 USC Sec. 1701z-3 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-3. Experimental housing allowance payment program -STATUTE- (a) Purpose of payments The Secretary is authorized to undertake on an experimental basis programs to demonstrate the feasibility of providing housing allowance payments to assist families in meeting rental or homeownership expenses. (b) Termination date of payments; termination date for contracts; contracts for performance of administrative functions (1) No housing allowance payments shall be made after July 1, 1985. After January 1, 1975, the Secretary shall not enter into contracts under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] to carry out the purposes of this section. The Secretary may contract with public or private agencies for the performance of administrative functions in connection with the programs authorized by this section. (2) Notwithstanding the provisions of paragraph (1), the Secretary shall, to the extent approved in appropriation Acts, extend the annual contributions contracts for the experimental housing allowance supply program through September 30, 1989, on the same terms and conditions as the original contracts, for the sole purpose of providing assistance for homeowners participating in such program on June 1, 1983. In extending such contracts, the Secretary may, to the extent approved in appropriation Acts, use authority available under section 5(c) of the United States Housing Act of 1937 [42 U.S.C. 1437c(c)]. (c) Report to Congress The Secretary shall report to the Congress on his findings pursuant to this section not later than eighteen months after August 22, 1974. -SOURCE- (Pub. L. 91-609, title V, Sec. 504, Dec. 31, 1970, 84 Stat. 1786; Pub. L. 93-383, title VIII, Sec. 804, Aug. 22, 1974, 88 Stat. 725; Pub. L. 94-375, Sec. 23(b), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98- 35, Sec. 6(a), May 26, 1983, 97 Stat. 198.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (b)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1983 - Subsec. (b). Pub. L. 98-35 designated existing provisions as par. (1) and added par. (2). 1976 - Subsec. (b). Pub. L. 94-375 struck out provisions which authorized the Secretary to make or contract to make housing allowance payments, authorized sums to be appropriated as necessary, including sums for contract payments and administrative costs, and limited the aggregate amount of contracts for making housing allowance payments. 1974 - Subsec. (a). Pub. L. 93-383 substituted provisions authorizing the Secretary to undertake programs on an experimental basis of housing allowance payments to assist families in meeting rental or homeownership expenses, for provisions authorizing the Secretary in carrying out activities under section 1701z-1 of this title to undertake programs on an experimental basis of housing allowances to assist families of low income to obtain rental housing of their choice in existing units. Subsec. (b). Pub. L. 93-383 substituted provisions relating to the authority of the Secretary to make or contract to make payments to or on behalf of participating families, authorizing appropriations, and setting forth limits on the contracting power of the Secretary, for provisions setting forth limitations on the amount of family allowances and conditioning payment of such allowances. Subsec. (c). Pub. L. 93-383 substituted provisions requiring the Secretary to report to Congress not later than 18 months after Aug. 22, 1974, for provisions setting forth the contracting authority of the Secretary for services. Subsec. (d). Pub. L. 93-383 struck out subsec. (d) which set forth limits on aggregate family allowances and authorizing appropriations to make payments. Subsec. (e). Pub. L. 93-383 struck out subsec. (e) which required a report to Congress by the Secretary as soon as practicable in calendar years 1972 and 1973. Subsec. (f). Pub. L. 93-383 struck out subsec. (f) which defined "families of low income" and "existing standard housing". Subsec. (g). Pub. L. 93-383 struck out subsec. (g) which prohibited payments after June 30, 1973. EFFECTIVE DATE OF 1983 AMENDMENT Section 6(b) of Pub. L. 98-35 provided that: "The amendments made by this section [amending this section] shall become effective on October 1, 1983." -End- -CITE- 12 USC Sec. 1701z-4 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-4. Abandoned properties demonstration project -STATUTE- (a) Grants for arrest of incipient abandonment and revitalization of blighted areas In carrying out activities under section 1701z-1 of this title, the Secretary may undertake programs to demonstrate the most feasible means of providing assistance to localities in which a substantial number of structures are abandoned or are threatened with abandonment for the purpose of arresting the process of housing abandonment in its incipiency or in restoring viability to blighted areas in which abandonment is pervasive. For this purpose, the Secretary is authorized to make grants, subject to the limitations of this section, to assist local public bodies in planning and implementing demonstration projects for prompt and effective action in alleviating and preventing such abandonment in designated demonstration areas. (b) Preferred projects; scope of projects In administering this section, the Secretary shall give preference to those demonstration projects which in his judgment can reasonably be expected to arrest the process of abandonment in the demonstration area within a period of two years and which provide for innovative approaches to combating the problem of housing abandonment. Such projects may include, but shall not be limited to (1) acquisition by negotiated purchase, lease, receivership, tax lien proceedings, or other means authorized by law and satisfactory to the Secretary, of real property within the demonstration area or areas which is abandoned, deteriorated, or in violation of applicable code standards; (2) the repair of streets, sidewalks, parks, playgrounds, publicly owned utilities, public buildings to meet needs consistent with the revitalization and continued use of the area; (3) the demolition of structures determined to be structurally unsound or unfit for human habitation or which contribute adversely to the physical or social environment of the locality involved; (4) the establishment of recreational or community facilities including public playgrounds; (5) the improvement of garbage and trash collection, street cleaning and other essential services necessary to the revitalization and maintenance of the area; (6) the rehabilitation of privately and publicly owned real property by the locality; and (7) the establishment and operation of locally controlled, nonprofit housing management corporations and municipal repair programs. (c) Purchase or lease of project real estate at fair market value for new or rehabilitated housing use; conditions Subject to such conditions as the Secretary may prescribe, real property held as part of a project assisted under this section may be made available to (1) a limited dividend corporation, nonprofit corporation, or association, cooperative or public body or agency, or other approved purchaser or lessee, or (2) a purchaser who would be eligible for a mortgage insured under section 1715l(d)(3) or (d)(4), section 1715l(h)(1), section 1715z(i) or (j)(1), or section 1715z-1 of this title, for purchase or lease at fair market value for use by such purchaser or lessee, as, or in the provision of, new or rehabilitated housing for occupancy by families or individuals of low or moderate income. (d) Amount of grants; authorization of appropriations; continuing availability of funds; locality limitation Grants under this section shall be in amounts which do not exceed 90 per centum of the net project cost as determined by the Secretary. There are authorized to be appropriated for demonstration grants under this section not to exceed $20,000,000 for the fiscal year ending June 30, 1971. Any amounts appropriated shall remain available until expended and any amount authorized but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1972. Not more than one-third of the aggregate amount of grants made in any fiscal year under this section shall be made with respect to projects undertaken by one locality. (e) Projects as part of urban renewal projects for purpose of application of urban renewal provisions The provisions of sections 1456, 1465, and 1466 (!1) of title 42, and section 1452b (!1) of title 42, may apply to projects assisted under this Act as if such projects were being carried out in urban renewal areas as part of urban renewal projects within the meaning of section 1460 (!1) of title 42. -SOURCE- (Pub. L. 91-609, title V, Sec. 505, Dec. 31, 1970, 84 Stat. 1787; Pub. L. 99-386, title I, Sec. 105(a), Aug. 22, 1986, 100 Stat. 822.) -REFTEXT- REFERENCES IN TEXT Sections 1456, 1460, and 1466 of title 42, referred to in subsec. (e), were omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated authority to make grants or loans under those sections after Jan. 1, 1975. Section 1465 of title 42, referred to in subsec. (e), was repealed by Pub. L. 91-646, title II, Sec. 220(a)(5), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42. Section 1452b of title 42, referred to in subsec. (e), was repealed by Pub. L. 101-625, title II, Sec. 289(b)(1), Nov. 28, 1990, 104 Stat. 4128. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1986 - Subsec. (f). Pub. L. 99-386 struck out subsec. (f) which related to annual reports to Congress by Secretary with respect to status of demonstration projects. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 12 USC Sec. 1701z-5 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-5. Demonstrations of heating or cooling residential housing utilizing solar energy -STATUTE- (a) Consultation by Secretary with National Science Foundation; scope of demonstrations; powers of Secretary In carrying out activities under section 1701z-1 of this title, the Secretary may, after consultation with the National Science Foundation, undertake demonstrations to determine the economic and technical feasibility of utilizing solar energy for heating or cooling residential housing (including demonstrations of new housing design or structure involving the use of solar energy). Demonstrations carried out under this section should involve both single family and multifamily housing located in areas having distinguishable climatic characteristics in urban as well as rural environments. To carry out the purpose of this section the Secretary is authorized - (1) to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, design, development, and operation of such housing; (2) to utilize the contract, loan, or mortgage insurance authority of any federally assisted housing program in the actual planning, development, and occupancy of such housing; and (3) to set aside any development, construction, design, or occupancy requirements for the purpose of any demonstration under this section if he determines that such requirements inhibit such demonstration. (b) Evaluation by Secretary The Secretary shall include in any demonstration under this section an evaluation of the demonstration to cover the full experience involved in all stages of the demonstration. -SOURCE- (Pub. L. 91-609, title V, Sec. 506, as added Pub. L. 93-383, title VIII, Sec. 814, Aug. 22, 1974, 88 Stat. 738; amended Pub. L. 99- 386, title I, Sec. 105(b), Aug. 22, 1986, 100 Stat. 822.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1986 - Subsec. (c). Pub. L. 99-386 struck out subsec. (c) which related to reports to Congress by Secretary not later than 6 months following close of year in which the Secretary carried out demonstration under this section. -End- -CITE- 12 USC Sec. 1701z-6 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-6. Special housing need research and demonstration authority -STATUTE- (a) Special demonstrations of housing design, structure, facilities, and amenities to meet needs of elderly, handicapped, etc.; contracts, grants, and assistance by Secretary In carrying out activities under section 1701z-1 of this title, the Secretary may undertake special demonstrations to determine the housing design, the housing structure, and the housing-related facilities, and amenities most effective or appropriate to meet the needs of groups with special housing needs including the elderly, the handicapped, the displaced, single individuals, broken families, and large households. For this purpose, the Secretary is authorized to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, development, design, and management of such housing. (b) Areas of preferential attention In carrying out his functions under this section, the Secretary shall give preferential attention to demonstrations which in his judgment involve areas of housing user needs most neglected in past and current research and demonstration efforts. (c) Utilization of contract and loan authority of federally assisted housing programs; setting aside of development, etc., requirements during testing The Secretary is authorized to undertake demonstrations involving the actual planning, development, and occupancy of housing utilizing the contract and loan authority of any federally assisted housing program. He is also authorized to set aside any development, construction, design, and occupancy requirements, for the purposes of these demonstrations, if in his judgment they inhibit the testing of housing designed to meet the special housing needs. (d) Evaluation of demonstration In carrying out this section, the Secretary shall include, as part of any demonstration, an evaluation of the demonstration to cover the full experience involved in planning, development, and occupancy. (e) Limitation on amounts available for research In addition to any other contract or loan authority which the Secretary may utilize under subsection (c) of this section, not more than $10,000,000 from amounts approved in appropriation Acts shall be available for research under this section. -SOURCE- (Pub. L. 91-609, title V, Sec. 507, as added Pub. L. 93-383, title VIII, Sec. 815, Aug. 22, 1974, 88 Stat. 738.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- INDIAN PUBLIC HOUSING EARLY CHILDHOOD DEVELOPMENT DEMONSTRATION PROGRAM Pub. L. 101-625, title V, Sec. 518, Nov. 28, 1990, 104 Stat. 4201, as amended by Pub. L. 102-550, title I, Sec. 124, Oct. 28, 1992, 106 Stat. 3709; Pub. L. 104-330, title V, Sec. 501(d)(1), Oct. 26, 1996, 110 Stat. 4042, authorized Secretary of Housing and Urban Development to carry out demonstration program in low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority in the same manner as the demonstration program under section 222 of Pub. L. 98-181 was carried out, and further provided for funding for demonstration program, limitations, and report to Congress, prior to repeal by Pub. L. 105-276, title V, Sec. 582(a)(7), Oct. 21, 1998, 112 Stat. 2643. DEMONSTRATION PROJECT FOR ASSISTANCE TO UNITS OF GENERAL LOCAL GOVERNMENT TO ENCOURAGE UPGRADING OF LOWER INCOME FAMILY HOUSING Pub. L. 98-181, title II, Sec. 225, Nov. 30, 1983, 97 Stat. 1191, provided that: "(a) The Congress finds that - "(1) the Department of Health and Human Services spends in excess of $5,000,000,000 annually for housing in the form of allowances for shelter for public assistance recipients; "(2) States administering the Department of Health and Human Services public assistance program often specify shelter allowances that have little relationship to the cost or the quality of the housing in which public assistance recipients live; "(3) at least 30 per centum of public assistance recipients live in substandard housing; "(4) the older rental buildings in which many public assistance recipients live are in those neighborhoods that need the assistance of the programs of the Department of Housing and Urban Development for preservation and rehabilitation; and "(5) there is the potential for improving housing for many lower income families by coordinating State and local government efforts in order to assure that families receiving public assistance payments from the Department of Health and Human Services are able to live in decent, safe, and sanitary housing. "(b) The purpose of this section, therefore, is to provide assistance to units of general local government and their designated agencies in order to develop a program that will - "(1) encourage the upgrading of housing occupied primarily by lower income families, including families receiving assistance under the aid for families with dependent children program established under title IV of the Social Security Act [42 U.S.C. 601 et seq.]; and "(2) provide for better coordination at the local level of the efforts to assist families receiving public assistance from the Department of Health and Human Services so that these families will be able to occupy affordable housing that is decent, safe, and sanitary and that, if necessary, is rehabilitated with funds provided by the Department of Housing and Urban Development. "(c) The Secretary of Housing and Urban Development (hereafter referred to in this section as the 'Secretary') shall, to the extent approved in appropriation Acts, establish and maintain a demonstration project to carry out the purpose described in subsection (b). "(d) In carrying out such project, the Secretary shall make grants to units of general local government, or designated agencies thereof, to carry out administrative plans approved by the Secretary in accordance with subsection (e), and the Secretary may make grants to States to provide technical assistance for the purpose of assisting such units of general local government to develop and carry out such plans. "(e)(1) Grants may be made to States and units of general local government and agencies thereof that apply for them in a manner and at a time determined by the Secretary and that, in the case of units of general local government and their agencies, are selected on the basis of an administrative plan described in such application. "(2) No such administrative plan shall be selected by the Secretary unless it sets forth a plan for local government activities that are designed to - "(A) require or encourage owners of rental housing occupied by lower income families to bring such housing into compliance with local housing codes; "(B) provide technical assistance, loans, or grants to assist owners described in subparagraph (A) to undertake cost-effective improvements of such housing; "(C) work with the State to establish and implement a schedule of local shelter allowances for recipients of assistance under title IV of the Social Security Act [42 U.S.C. 601 et seq.] based on building quality that will be applicable to buildings involved in this program; and "(D) coordinate local housing inspection, housing rehabilitation loan or grant assistance, rental assistance, and social service programs for the purpose of improving the quality and affordability of housing for lower income families. "(3) Funds received from any grant made by the Secretary to a unit of general local government shall be made available for use according to the administrative plans and may be used for - "(A) technical assistance or financial assistance to property owners to upgrade housing projects described in paragraph (2)(A) of this subsection; "(B) temporary rental assistance to families who live in buildings assisted under this program and who are eligible for, but are not receiving, assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f], except that such families shall not include families receiving assistance under title IV of the Social Security Act [42 U.S.C. 601 et seq.], and the amount of such rental assistance may not exceed 20 per centum of each grant received under this section; "(C) housing counseling and referral and other housing related services; "(D) expenses incurred in administering the program carried out with funds received under this section, except that such expenses may not exceed 10 per centum of the grant received under this section; and "(E) other appropriate activities that are consistent with the purposes of this section and that are approved by the Secretary. "(f) Any recipient of a grant from the Secretary under this section shall agree to - "(1) contribute to the program an amount equal to 15 per centum of the funds received from the Secretary under this section, and the Secretary shall permit the recipient to meet this requirement by the contribution of the value of services carried out specifically in connection with the program assisted under this section; "(2) permit the Secretary and the General Accounting Office [now Government Accountability Office] to audit its books in order to assure that the funds received under this section are used in accordance with the section; and "(3) other terms and conditions prescribed by the Secretary for the purpose of carrying out this section in an effective and efficient manner. "(g) In making grants available under this section, the Secretary shall select as recipients at least 20 units of general local government (or their designated agencies). The selection of proposals for funding shall be based on criteria that result in a selection of projects that will enable the Secretary to carry out the purpose of this section in an effective and efficient manner and provide a sufficient amount of data necessary to make an evaluation of the demonstration project carried out under this section. "(h)(1) Not later than June 1, 1984, the Secretary shall transmit to the Congress an interim report on the implementation of the demonstration under this section. "(2) The Secretary shall transmit, not later than October 1, 1985, to both Houses of the Congress a detailed report concerning the findings and conclusions that have been reached by the Secretary as a result of carrying out this section, along with any legislative recommendations that the Secretary determines are necessary. "(i) To carry out this section, there are authorized to be appropriated not to exceed $10,000,000 during fiscal year 1984, and not to exceed $15,000,000 during fiscal year 1985, to remain available until expended." PUBLIC HOUSING EARLY CHILDHOOD DEVELOPMENT PROGRAM Pub. L. 98-181, title II, Sec. 222, Nov. 30, 1983, 97 Stat. 1188, as amended by Pub. L. 100-242, title I, Sec. 117, Feb. 5, 1988, 101 Stat. 1826; Pub. L. 100-628, title X, Sec. 1002, Nov. 7, 1988, 102 Stat. 3263; Pub. L. 101-625, title V, Sec. 517, Nov. 28, 1990, 104 Stat. 4200; Pub. L. 102-550, title I, Sec. 123, Oct. 28, 1992, 106 Stat. 3709, which authorized Secretary of Housing and Urban Development to carry out demonstration program of making grants to nonprofit organizations to assist in providing early childhood development services in or near lower income housing projects, and required report to Congress setting forth findings and conclusions not later than three years after Feb. 5, 1988, was repealed by Pub. L. 105-276, title V, Sec. 582(a)(6), Oct. 21, 1998, 112 Stat. 2643. PUBLIC HOUSING SECURITY Pub. L. 96-399, title II, Sec. 209, Oct. 8, 1980, 94 Stat. 1635, provided that: "(a) This section may be cited as the 'Public Housing Anti-Crime Amendments of 1980'. "(b) The Congress finds that - "(1) public housing and surrounding neighborhoods continue to suffer substantially from rising crime and the fear of crime; "(2) funding to provide more security for public housing can be used to leverage funding from other sources and thereby produce more successful anti-crime efforts; "(3) the effects of inflation and the need for reductions in the budget of the Federal Government result in a need for more co- targeting of Federal and local anti-crime resources; "(4) as authorized by the Public Housing Security Demonstration Act of 1978 [set out below], the Urban Initiatives Anti-Crime Program has performed in a promising manner; and "(5) the First Annual Report to Congress of the Urban Initiatives Anti-Crime Program and the two General Accounting Office [now Government Accountability Office] reports to Congress on such Program have provided useful suggestions which can now be implemented. "(c) It is, therefore, the purpose of this section to continue the efforts of the Urban Initiatives Anti-Crime Program so that more progress can be made in providing secure, decent, safe, and sanitary dwelling units for low-income and elderly tenants in public housing projects. "(d) [This subsection amended section 207 of Pub. L. 95-557, set out below.]." Pub. L. 95-557, title II, Sec. 207, Oct. 31, 1978, 92 Stat. 2093, as amended by Pub. L. 96-399, title II, Sec. 209(d), Oct. 8, 1980, 94 Stat. 1635; Pub. L. 98-479, title II, Sec. 201(i), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 103-82, title IV, Sec. 405(c), Sept. 21, 1993, 107 Stat. 921, provided that: "(a) This section may be cited as the 'Public Housing Security Demonstration Act of 1978'. "(b)(1) The Congress finds that - "(A) low-income and elderly public housing residents of the Nation have suffered substantially from rising crime and violence, and are being threatened as a result of inadequate security arrangements for the prevention of physical violence, theft, burglary, and other crimes; "(B) older persons generally regard the fear of crime as the most serious problem in their lives, to the extent that one- fourth of all Americans over 65 voluntarily restrict their mobility because of it; "(C) crime and the fear of crime have led some residents to move from public housing projects; "(D) an integral part of successfully providing decent, safe, and sanitary dwellings for low-income persons is to insure that the housing is secure; "(E) local public housing authorities may have inadequate security arrangements for the prevention of crime and vandalism; and "(F) action is needed to provide for the security of public housing residents and to preserve the Nation's investment in its public housing stock. "(2) It is, therefore, declared to be the policy of the United States to provide for a demonstration and evaluation of effective means of mitigating crime and vandalism in public housing projects, in order to provide a safe living environment for the residents, particularly the elderly residents, of such projects. "(c)(1) The Secretary of Housing and Urban Development shall promptly initiate and carry out during the fiscal year beginning on October 1, 1978, to the extent approved in appropriation Acts, a program for the development, demonstration, and evaluation of improved, innovative community anticrime and security methods, concepts and techniques which will mitigate the level of crime in public housing projects and their surrounding neighborhoods. "(2) In selecting public housing projects to receive assistance under this section, the Secretary shall assure that a broad spectrum of project types, locations and tenant populations are represented and shall consider at least the following: the extent of crime and vandalism currently existing in the projects; the extent, nature and quality of community anticrime efforts in the projects and surrounding areas; the extent, nature and quality of police and other protective services available to the projects and their tenants; the demand for public housing units in the locality, the vacancy rate, and extent of abandonment of such units; and the characteristics and needs of the public housing tenants. "(3) In selecting the anticrime and security methods, concepts and techniques to be demonstrated under this section, the Secretary shall consider the improvement of physical security equipment or dwelling units in those projects, social and environmental design improvements, tenant awareness and volunteer programs, tenant participation and employment in providing security services, and such other measures as deemed necessary or appropriate by the Secretary. Particular attention shall be given to comprehensive community anticrime and security plans submitted by public housing authorities which (i) provide for coordination between public housing management and local law enforcement officials, or (ii) coordinate resources available to the community through programs funded by the Law Enforcement Assistance Administration, the Department of Health and Human Services, the Department of Labor, the Community Services Administration, and the Corporation for National and Community Service, or other Federal or State agencies. "(4) In carrying out the provisions of this section, the Secretary shall coordinate and jointly target resources with other agencies, particularly the Law Enforcement Assistance Administration, the Department of Health and Human Services, the Department of Labor, the Department of Justice, the Department of the Interior, the Department of Commerce, the Department of Education, the Corporation for National and Community Service, the Community Services Administration, and State and local agencies. "(5) In order to assess the impact of crime and vandalism in public housing projects, the Secretary may, as part of the Annual Housing Survey conducted by the Department of Housing and Urban Development or by other means, collect data on crime and vandalism and integrate the data collection with the victimization surveys undertaken by the Department of Justice and the Department of Commerce. "(6) The Secretary shall, to the maximum extent practicable, utilize information derived from the program authorized by this section for assisting in establishing (A) guidelines to be used by public housing authorities in determining strategies to meet the security needs of tenants of public housing projects assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] other than under section 8 of such Act [42 U.S.C. 1437f], and (B) guidelines for improvements relating to the security of projects (and the tenants living in such projects) assisted under section 14 of such Act [42 U.S.C. 1437l]. "(d) The Secretary shall initiate and carry out a survey of crime and vandalism existing in the Nation's public housing projects. The survey shall include the nature, extent and impact of crime and vandalism and the nature and extent of resources currently available and employed to alleviate crime and vandalism in public housing. "(e) The Secretary shall report to the Congress not later than eighteen months after the date of enactment of the Housing and Community Development Act of 1980 [Oct. 8, 1980]. Such report shall include the results of the survey on crime and vandalism in public housing; findings from the demonstration and evaluation of various methods of reducing the level of crime; and legislative recommendations, if appropriate for (A) a comprehensive program to increase security in public housing projects and (B) increasing the coordination between anticrime programs of other State and Federal agencies that may be used by public housing authorities. Any recommendations shall include estimated costs of such programs. "(f) Of the additional authority approved in appropriation Acts with respect to entering into annual contributions contracts under section 5(c) of the United States Housing Act of 1937 [42 U.S.C. 1437c(c)] for the fiscal year beginning on October 1, 1978, the Secretary may utilize up to $12,000,000 of such authority in the fiscal year beginning on October 1, 1978, for the establishment of the public housing security demonstration program authorized by this section. Of the authority approved in appropriation Acts for the purpose of entering into annual contributions contracts under section 5(c) of the United States Housing Act of 1937 with respect to the fiscal year beginning on October 1, 1980, the Secretary may enter into contracts to carry out this section, except that the aggregate amount obligated over the duration of such contracts may not exceed $10,000,000." -End- -CITE- 12 USC Sec. 1701z-7 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-7. Studies to determine extent of need for counseling to mortgagors; report to Congress -STATUTE- (a) In carrying out activities under section 1701z-1 of this title, the Secretary is directed to undertake programs of studies and demonstrations within at least three standard metropolitan statistical areas to determine the extent of need for and cost effectiveness of providing pre-purchase, default and delinquency counseling and related services to owners and purchasers of single- family dwellings insured or to be insured under the unsubsidized mortgage insurance programs of the National Housing Act [12 U.S.C. 1701 et seq.]. (b) Within one year from August 3, 1976, the Secretary shall submit an interim report to the Congress with respect to the progress made under such studies and demonstrations, including an estimate as to the date when a final report on the results of such demonstrations will be made available to the Congress. -SOURCE- (Pub. L. 91-609, title V, Sec. 508, as added Pub. L. 94-375, Sec. 26, Aug. 3, 1976, 90 Stat. 1078.) -REFTEXT- REFERENCES IN TEXT The National Housing Act, referred to in subsec. (a), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to this chapter (Sec. 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701z-8 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-8. Energy conservation and renewable-resource demonstration -STATUTE- (a) National demonstration program; purpose The Secretary shall undertake a national demonstration program designed to test the feasibility and effectiveness of various forms of financial assistance for encouraging the installation or implementation of approved energy conservation measures and approved renewable-resource energy measures in existing dwelling units. The Secretary shall carry out such demonstration program with a view toward recommending a national program or programs designed to reduce significantly the consumption of energy in existing dwelling units. (b) Financial assistance to owners and tenants of dwelling units; authorization of Secretary The Secretary is authorized to make financial assistance available pursuant to this section in the form of grants, low- interest-rate loans, interest subsidies, loan guarantees, and such other forms of assistance as the Secretary deems appropriate to carry out the purposes of this section. Assistance may be made available to both owners of dwelling units and tenants occupying such units. (c) Duties of Secretary In carrying out the demonstration program required by this section, the Secretary shall - (1) provide assistance in a wide variety of geographic areas to reflect differences in climate, types of dwelling units, and income levels of recipients in order to provide a national profile for use in designing a program which is to be operational and effective nationwide; (2) evaluate the appropriateness of various financial incentives for different income levels of owners and occupants of existing dwelling units; (3) take into account and evaluate any other financial assistance which may be available for the installation or implementation of energy conservation and renewable-resource energy measures; (4) make use of such State and local instrumentalities or other public or private entities as may be appropriate in carrying out the purposes of this section in coordination with the provisions of part C of title III of the Energy Policy and Conservation Act [42 U.S.C. 6321 et seq.]; (5) consider, with respect to various forms of assistance and procedures for their application, (A) the extent to which energy conservation measures and renewable-resource energy measures are encouraged which would otherwise not have been undertaken, (B) the minimum amount of Federal subsidy necessary to achieve the objectives of a national program, (C) the costs of administering the assistance, (D) the extent to which the assistance may be encumbered by delays, redtape, and uncertainty as to its availability with respect to any particular applicant, (E) the factors which may prevent the assistance from being available in certain areas or for certain classes of persons, and (F) the extent to which fraudulent practices can be prevented; and (6) consult with the Administrator, the Secretary of Housing and Urban Development, and the heads of such other Federal agencies as may be appropriate. (d) Limitations on grants; modification and exceptions to limitation; eligibility (1) The amount of any grant made pursuant to this section shall not exceed the lesser of - (A) with respect to an approved energy conservation measure, (i) $400, or (ii) 20 per centum of the cost of installing or otherwise implementing such measure; and (B) with respect to an approved renewable-resource energy measure, (i) $2,000, or (ii) 25 per centum of the cost of installing or otherwise implementing such measure. The Secretary may, by rule, increase such percentages and amounts in the case of an applicant whose annual gross family income for the preceding taxable year is less than the median family income for the housing market area in which the dwelling unit which is to be modified by such measure is located, as determined by the Secretary. The Secretary may also modify the limitations specified in this paragraph if necessary in order to achieve the purposes of this section. (2) No person shall be eligible for both financial assistance under this section and a credit against income tax for the same energy conservation measure or renewable-resource energy measure. (e) Conditions upon availability of financial assistance The Secretary may condition the availability of financial assistance with respect to the installation and implementation of any renewable-resource energy measure on such measure's meeting performance standards for reliability and efficiency and such certification procedures as the Secretary may, in consultation with the Administrator, the Secretary of Housing and Urban Development, and other appropriate Federal agencies, prescribe for the purpose of protecting consumers. (f) Implementation of program In carrying out the demonstration program required by this section, the Secretary is authorized to delegate responsibilities to, or to contract with, other Federal agencies or with such State or local instrumentalities or other public or private bodies as the Secretary may deem desirable. Such demonstration program shall be coordinated, to the extent practicable, with the State energy conservation plans as described in, and implemented pursuant to, part C of title III of the Energy Policy and Conservation Act [42 U.S.C. 6321 et seq.]. (g) Interim and final reports on program progress, findings, and legislative recommendations; criteria for evaluation of projects The Secretary shall submit an interim report to the Congress not later than 6 months after August 14, 1976, (and every 6 months thereafter until the final report is made under this subsection) indicating the progress made in carrying out the demonstration program required by this section and shall submit a final report to the Congress, containing findings and legislative recommendations, not later than 2 years after August 14, 1976. As part of each report made under this subsection, the Secretary shall include an evaluation, based on the criteria described in subsection (h) of this section, of each demonstration project conducted under this section. (h) Report on evaluation criteria to be used and results sought prior to funding of projects Prior to undertaking any demonstration project under this section, the Secretary shall specify and report to the Congress the criteria by which the Secretary will evaluate the effectiveness of the project and the results to be sought. (i) Definitions As used in this section: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this section. (2) The term "approved", with respect to an energy conservation measure or a renewable-resource energy measure, means any such measure which is included on a list of such measures which is published by the Administrator of the Federal Energy Administration pursuant to section 365(e)(1) of the Energy Policy and Conservation Act [42 U.S.C. 6325(e)(1)]. The Administrator may, by rule, require that an energy audit be conducted as a condition of obtaining assistance under this section for a renewable-resource energy measure. (3) The terms "energy audit", "energy conservation measure", and "renewable-resource energy measure" have the meanings prescribed for such terms in section 366 of the Energy Policy and Conservation Act [42 U.S.C. 6326]. (j) Authorization of appropriations There is authorized to be appropriated, for purposes of this section, not to exceed $200,000,000. Any amount appropriated pursuant to this subsection shall remain available until expended. -SOURCE- (Pub. L. 91-609, title V, Sec. 509, as added Pub. L. 94-385, title IV, Sec. 441, Aug. 14, 1976, 90 Stat. 1162; amended Pub. L. 95-91, title VII, Sec. 709(d), Aug. 4, 1977, 91 Stat. 608.) -REFTEXT- REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in subsecs. (c)(4) and (f), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part C of title III of such act is classified generally to part B (Sec. 6321 et seq.) of subchapter III of chapter 77 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- AMENDMENTS 1977 - Subsecs. (c)(6), (e). Pub. L. 95-91 inserted ", the Secretary of Housing and Urban Development," after "the Administrator". -TRANS- TRANSFER OF FUNCTIONS Functions vested in Secretary of Housing and Urban Development under this section transferred to Secretary of Energy by section 7154(b) of Title 42, The Public Health and Welfare. Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42. -End- -CITE- 12 USC Sec. 1701z-9 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-9. Expansion of home ownership opportunities in urban areas -STATUTE- In carrying out activities under section 1701z-1 of this title, the Secretary is authorized to conduct demonstrations to determine the feasibility of expanding homeownership opportunities in urban areas and encouraging the creation and maintenance of decent, safe, and sanitary housing in such areas by utilizing techniques including, but not limited to, the conversion of multifamily housing properties to condominium or cooperative ownership by individuals and families. -SOURCE- (Pub. L. 91-609, title V, Sec. 510, as added Pub. L. 95-557, title III, Sec. 305(b), Oct. 31, 1978, 92 Stat. 2097.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -MISC1- STUDY TO DETERMINE FEASIBILITY OF UNDERGROUND CONSTRUCTION OF RESIDENTIAL HOUSING Section 305(c) of Pub. L. 95-557 required the Secretary to study the feasibility of underground construction of residential housing and necessary changes in housing codes and financing, and report to Congress no later than one year after Oct. 31, 1978 as to the findings and recommendations of legislative enactments as a result of the study. -End- -CITE- 12 USC Sec. 1701z-10 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-10. Model rehabilitation guidelines in inspection and approval of rehabilitated properties; report to Congress -STATUTE- (a)(1) The Secretary shall develop model rehabilitation guidelines for the voluntary adoption by States and communities to be used in conjunction with existing building codes by State and local officials in the inspection and approval of rehabilitated properties. (2) Such guidelines shall be developed in consultation with the National Institute of Building Sciences, appropriate national organizations of agencies and officials of State and local governments, representatives of the building industry, and consumer groups, and other interested parties. (3) The Secretary shall publish such guidelines for public comment not later than one year after October 31, 1978, and promulgate them no later than eighteen months after such date. (4) The Secretary may furnish technical assistance to State and local governments to facilitate the use and implementation of such guidelines. (b) The Secretary shall report to Congress not later than thirty- six months after October 31, 1978, regarding (1) actions taken by State and local governments to adopt guidelines or their equivalents, and (2) recommendations for further action. -SOURCE- (Pub. L. 91-609, title V, Sec. 511, as added Pub. L. 95-557, title IX, Sec. 903, Oct. 31, 1978, 92 Stat. 2125.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701z-10a 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-10a. Biennial survey of economic and housing market conditions -STATUTE- The Secretary shall, not less than biennially, survey national, regional, and local economic and housing market conditions in a manner that provides data comparable to the data collected in such survey conducted in 1981. -SOURCE- (Pub. L. 91-609, title V, Sec. 512, as added Pub. L. 98-181, title IV, Sec. 466(b), Nov. 30, 1983, 97 Stat. 1236.) -COD- CODIFICATION Section was enacted as part of the Housing and Urban Development Act of 1970, and not as part of the National Housing Act which comprises this chapter. -End- -CITE- 12 USC Sec. 1701z-11 01/08/2008 -EXPCITE- TITLE 12 - BANKS AND BANKING CHAPTER 13 - NATIONAL HOUSING -HEAD- Sec. 1701z-11. Management and disposition of multifamily housing projects -STATUTE- (a) Goals The Secretary of Housing and Urban Development shall manage or dispose of multifamily housing projects that are owned by the Secretary or that are subject to a mortgage held by the Secretary in a manner that - (1) is consistent with the National Housing Act [12 U.S.C. 1701 et seq.] and this section; (2) will protect the financial interests of the Federal Government; and (3) will, in the least costly fashion among reasonable available alternatives, address the goals of - (A) preserving certain housing so that it can remain available to and affordable by low-income persons; (B) preserving and revitalizing residential neighborhoods; (C) maintaining existing housing stock in a decent, safe, and sanitary condition; (D) minimizing the involuntary displacement of tenants; (E) maintaining housing for the purpose of providing rental housing, cooperative housing, and homeownership opportunities for low-income persons; (F) minimizing the need to demolish multifamily housing projects; (G) supporting fair housing strategies; and (H) disposing of such projects in a manner consistent with local housing market conditions. In determining the manner in which a project is to be managed or disposed of, the Secretary may balance competing goals relating to individual projects in a manner that will further the purposes of this section. (b) Definitions For purposes of this section: (1) Multifamily housing project The term "multifamily housing project" means any multifamily rental housing project which is, or prior to acquisition by the Secretary was, assisted or insured under the National Housing Act [12 U.S.C. 1701 et seq.], o