-CITE- 42 USC CHAPTER 8 - LOW-INCOME HOUSING 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- CHAPTER 8 - LOW-INCOME HOUSING -MISC1- Sec. 1401 to 1404. Omitted. 1404a. Secretary of Housing and Urban Development; right to sue; expenses. 1405, 1406. Omitted. 1406a. Expenses of management and operation of transferred projects as nonadministrative; payment. 1406b. Expenses of uncompensated advisers serving United States Housing Authority away from home. 1406c to 1433. Omitted or Repealed. 1434. Records; contents; examination and audit. 1435. Access to books, documents, etc., for purpose of audit. 1436. Repealed. 1436a. Restriction on use of assisted housing by non-resident aliens. (a) Conditions for assistance. (b) "Financial assistance" defined. (c) Preservation of families; students. (d) Conditions for provision of financial assistance for individuals. (e) Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status. (f) Verification system; liability of State or local government agencies or officials; prior consent agreements, court decrees or court orders unaffected. (g) Reimbursement for costs of implementation. (h) "Applicable Secretary" defined. (i) Verification of eligibility. 1436b. Financial assistance in impacted areas. 1436c. Insurance for public housing agencies and Indian housing authorities. 1436d. Consultation with affected areas in settlement of litigation. SUBCHAPTER I - GENERAL PROGRAM OF ASSISTED HOUSING 1437. Declaration of policy and public housing agency organization. (a) Declaration of policy. (b) Public housing agency organization. 1437a. Rental payments. (a) Families included; rent options; minimum amount; occupancy by police officers and over-income families. (b) Definition of terms under this chapter. (c) Definition of terms used in reference to public housing. (d) Disallowance of earned income from rent determinations. (e) Individual savings accounts. (f) Availability of income matching information. 1437a-1. Repealed. 1437b. Loans and commitments to make loans for low-income housing projects. (a) Authority of Secretary; interest rates; repayment date; use as security for obligations of public housing agency. (b) Issuance of obligations by Secretary; limitation on amounts; forms and denominations; terms and conditions; purchase, establishment of maturities and rates of interest, and sale by Secretary of the Treasury. (c) Public and Indian housing financing reforms. 1437c. Contributions for low-income housing projects. (a) Contract authorization; amounts; use as security for obligations of public housing agency; use of existing structures. (b) Maximum amount of contributions; regulations; criteria for rates of contribution. (c) Limitation on aggregate contractual contributions; contracts for preliminary loans; payments of annual contributions; limitations on specific authorities. (d) Scope of contracts for loans or annual contributions. (e) Local determination of need as prerequisite for contracts for preliminary loans, and contracts for loans or annual contributions; notice. (f) Modification by Secretary of terms of contracts, etc.; limitations; amendment or supersedure of contracts for annual contributions or loans. (g) Pledge of annual contributions as guarantee of payment of obligations issued by public housing agency; exception. (h) Audits. (i) Prohibition on use of funds. 1437c-1. Public housing agency plans. (a) 5-year plan. (b) Annual plan. (c) Procedures. (d) Contents. (e) Resident advisory board. (f) Notice and hearing. (g) Amendments and modifications to plans. (h) Submission of plans. (i) Review and determination of compliance. (j) Troubled and at-risk PHAs. (k) Streamlined plan. (l) Compliance with plan. 1437d. Contract provisions and requirements; loans and annual contributions. (a) Conditions; elevators. (b) Limitation on development costs. (c) Revision of maximum income limits; certification of compliance with requirements; notification of eligibility; informal hearing; compliance with procedures for sound management. (d) Exemption from personal and real property taxes; payments in lieu of taxes; cash contribution or tax remission. (e) Repealed. (f) Housing quality requirements. (g) Substantial default; conveyance of title and delivery of possession; reconveyance and redelivery; payments for outstanding obligations. (h) New construction contracts. (i) Reserve fund; major repairs. (j) Performance indicators for public housing agencies. (k) Administrative grievance procedure regulations: grounds of adverse action, hearing, examination of documents, representation, evidence, decision; judicial hearing; eviction and termination procedures. (l) Leases; terms and conditions; maintenance; termination. (m) Reporting requirements; limitation. (n) Notice to post office regarding eviction for criminal activity. (o) Public housing assistance for foster care children. (p) Repealed. (q) Availability of records. (r) Site-based waiting lists. (s) Authority to require access to criminal records. (t) Obtaining information from drug abuse treatment facilities. (u) Certification and confidentiality. 1437e. Designated housing for elderly and disabled families. (a) Authority to provide designated housing. (b) Standards regarding evictions. (c) Relocation assistance. (d) Required plan. (e) Review of plans. (f) Effectiveness. (g) Inapplicability of Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970. 1437f. Low-income housing assistance. (a) Authorization for assistance payments. (b) Other existing housing programs. (c) Contents and purposes of contracts for assistance payments; amount and scope of monthly assistance payments. (d) Required provisions and duration of contracts for assistance payments; waiver of limitation. (e) Restrictions on contracts for assistance payments. (f) Definitions. (g) Regulations applicable for implementation of assistance payments. (h) Nonapplicability of inconsistent provisions to contracts for assistance payments. (i) Receipt of assistance by public housing agency under other law not to be considered. (j) Repealed. (k) Verification of income. (l) to (n) Repealed. (o) Voucher program. (p) Shared housing for elderly and handicapped. (q) Administrative fees. (r) Portability. (s) Prohibition of denial of certificates and vouchers to residents of public housing. (t) Enhanced vouchers. (u) Assistance for residents of rental rehabilitation projects. (v) Extension of expiring contracts. (w) Repealed. (x) Family unification. (y) Homeownership option. (z) Termination of section 1437f contracts and reuse of recaptured budget authority. (aa) Omitted. (bb) Transfer, reuse, and rescission of budget authority. (cc) Law enforcement and security personnel. (dd) Tenant-based contract renewals. (ee) Certification and confidentiality. 1437g. Public housing Capital and Operating Funds. (a) Merger into Capital Fund. (b) Merger into Operating Fund. (c) Allocation amount. (d) Capital Fund. (e) Operating Fund. (f) Negotiated rulemaking procedure. (g) Limitations on use of funds. (h) Technical assistance. (i) Eligibility of units acquired from proceeds of sales under demolition or disposition plan. (j) Penalty for slow expenditure of capital funds. (k) Emergency reserve and use of amounts. (l) Treatment of nonrental income. (m) Provision of only capital or operating assistance. (n) Treatment of public housing. 1437h. Implementation of provisions by Secretary. (a) Preparation and submission of annual budget program; maintenance of accounts; audit by Government Accountability Office. (b) Availability of receipts and assets. (c) Federal Reserve banks to act as depositories, custodians and fiscal agents; reimbursement for services. 1437i. Obligations of public housing agencies; contestability; full faith and credit of United States pledged as security; tax exemption. 1437j. Labor standards and community service requirement. (a) Payment of wages prevailing in locality. (b) Exception for volunteers. (c) Community service requirement. (d) Treatment of income changes resulting from welfare program requirements. (e) Lease provisions. (f) Treatment of income. (g) Definition. 1437j-1. Repealed. 1437k. Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies. (a) Consortia. (b) Joint ventures. 1437l. Repealed. 1437m. Payment of non-Federal share. 1437n. Eligibility for assisted housing. (a) Income eligibility for public housing. (b) Income eligibility for tenant-based section 1437f assistance. (c) Income eligibility for project-based section 1437f assistance. (d) Establishment of different standards. (e) Repealed. (f) Ineligibility of individuals convicted of manufacturing or producing methamphetamine on the premises. 1437o. Repealed. 1437p. Demolition and disposition of public housing. (a) Applications for demolition and disposition. (b) Disapproval of applications. (c) Resident opportunity to purchase in case of proposed disposition. (d) Replacement units. (e) Consolidation of occupancy within or among buildings. (f) De minimis exception to demolition requirements. (g) Uniform Relocation and Real Property Acquisition Act. (h) Relocation and replacement. 1437q. Financing limitations. 1437r. Public housing resident management. (a) Purpose. (b) Program requirements. (c) Assistance amounts. (d) Waiver of Federal requirements. (e) Direct provision of operating and capital assistance. (f), (g) Repealed. (h) Applicability. 1437s. Public housing homeownership and management opportunities. (a) Homeownership opportunities in general. (b) Protection of nonpurchasing families. (c) Financial assistance for public housing agencies. (d) Additional homeownership and management opportunities. (e) Regulations. (f) Repealed. (g) Limitation. 1437t. Authority to convert public housing to vouchers. (a) Authority. (b) Conversion assessment. (c) Criteria for implementation of conversion plan. (d) Conversion plan requirement. (e) Review and approval of conversion plans. (f) Tenant-based assistance. 1437u. Family Self-Sufficiency program. (a) Purpose. (b) Establishment of program. (c) Contract of participation. (d) Incentives for participation. (e) Effect of increases in family income. (f) Program coordinating committee. (g) Action plan. (h) Allowable public housing agency administrative fees and costs. (i) Public housing agency incentive award allocation. (j) On-site facilities. (k) Flexibility. (l) Reports. (m) GAO report. (n) Definitions. (o) Effective date and regulations. 1437v. Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects. (a) Purposes. (b) Grant authority. (c) Contribution requirement. (d) Eligible activities. (e) Application and selection. (f) Cost limits. (g) Disposition and replacement. (h) Administration by other entities. (i) Withdrawal of funding. (j) Definitions. (k) Grantee reporting. (l) Annual report. (m) Funding. (n) Grants for assisting affordable housing developed through main street projects in smaller communities. (o) Sunset. 1437w. Transfer of management of certain housing to independent manager at request of residents. (a) Authority. (b) Request for transfer. (c) Capital and operating assistance. (d) Contract between Secretary and manager. (e) Compliance with public housing agency plan. (f) Demolition and disposition by manager. (g) Limitation on PHA liability. (h) Definitions. 1437x. Environmental reviews. (a) In general. (b) Procedure. (c) Certification. (d) Approval by States. 1437y. Provision of information to law enforcement and other agencies. 1437z. Exchange of information with law enforcement agencies. 1437z-1. Civil money penalties against section 1437f owners. (a) In general. (b) Violations of housing assistance payment contracts for which penalty may be imposed. (c) Agency procedures. (d) Judicial review of agency determination. (e) Remedies for noncompliance. (f) Settlement by Secretary. (g) Deposit of penalties. (h) Definitions. 1437z-2. Public housing mortgages and security interests. (a) General authorization. (b) Terms and conditions. (c) No Federal liability. 1437z-3. Pet ownership in public housing. (a) Ownership conditions. (b) Reasonable requirements. (c) Pet ownership in public housing designated for occupancy by elderly or handicapped families. (d) Regulations. 1437z-4. Resident homeownership programs. (a) In general. (b) Participating units. (c) Eligible purchasers. (d) Right of first refusal. (e) Protection of nonpurchasing residents. (f) Financing and assistance. (g) Downpayment requirement. (h) Ownership interests. (i) Resale. (j) Net proceeds. (k) Homeownership assistance. (l) Inapplicability of disposition requirements. 1437z-5. Required conversion of distressed public housing to tenant-based assistance. (a) Identification of units. (b) Consultation. (c) Plan for removal of units from inventories of PHA's. (d) Conversion to tenant-based assistance. (e) Cessation of unnecessary spending. (f) Use of budget authority. (g) Removal by Secretary. (h) Administration. 1437z-6. Services for public and Indian housing residents. (a) In general. (b) Eligible activities. (c) Funding distribution. (d) Matching requirement. (e) Funding for resident organizations. 1437z-7. Mixed-finance public housing. (a) Authority. (b) Assistance. (c) Compliance with public housing requirements. (d) Mixed-finance projects. (e) Structure of projects. (f) Taxation. (g) Use of savings. (h) Effect of certain contract terms. SUBCHAPTER II - ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES 1437aa to 1437ee. Repealed. 1437ff. Transferred. SUBCHAPTER II-A - HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP 1437aaa. Program authority. (a) In general. (b) Authority to reserve housing assistance. 1437aaa-1. Planning grants. (a) Grants. (b) Eligible activities. (c) Application. (d) Selection criteria. 1437aaa-2. Implementation grants. (a) Grants. (b) Eligible activities. (c) Matching funding. (d) Application. (e) Selection criteria. (f) Location within participating jurisdictions. (g) Approval. 1437aaa-3. Homeownership program requirements. (a) In general. (b) Affordability. (c) Plan. (d) Acquisition and rehabilitation limitations. (e) Financing. (f) Housing quality standards. (g) Repealed. (h) Protection of non-purchasing families. 1437aaa-4. Other program requirements. (a) Sale by public housing agency to applicant or other entity required. (b) Preferences. (c) Cost limitations. (d) Annual contributions. (e) Amounts from Operating Fund allocation. (f) Use of proceeds from sales to eligible families. (g) Restrictions on resale by homeowners. (h) Third party rights. (i) Dollar limitation on economic development activities. (j) Timely homeownership. (k) Capability of resident management corporations and resident councils. (l) Records and audit of recipients of assistance. 1437aaa-5. Definitions. 1437aaa-6. Relationship to other homeownership opportunities. 1437aaa-7. Limitation on selection criteria. 1437aaa-8. Annual report. SUBCHAPTER II-B - HOME RULE FLEXIBLE GRANT DEMONSTRATION 1437bbb. Purpose. 1437bbb-1. Flexible grant program. (a) Authority and use. (b) Period of participation. (c) Participating jurisdictions. 1437bbb-2. Program allocation and covered housing assistance. (a) Program allocation. (b) Covered housing assistance. 1437bbb-3. Applicability of requirements under programs for covered housing assistance. (a) In general. (b) Number of families assisted. (c) Protection of recipients. (d) Effect on ability to compete for other programs. 1437bbb-4. Program requirements. (a) Applicability of certain provisions. (b) Compliance with assistance plan. 1437bbb-5. Application. (a) In general. (b) Review, approval, and performance standards. (c) Status of PHAs. (d) PHA plans. 1437bbb-6. Training. 1437bbb-7. Accountability. (a) Maintenance of records. (b) Reports. (c) Access to documents by Secretary and Comptroller General. (d) Performance review and evaluation. 1437bbb-8. Definitions. 1437bbb-9. Termination and evaluation. (a) Termination. (b) Evaluation. SUBCHAPTER III - MISCELLANEOUS PROVISIONS 1438. Repealed. 1439. Local housing assistance plan. (a) Applicability of approved plan to housing assistance application; procedure upon receipt of application by Secretary of Housing and Urban Development; definitions. (b) Housing assistance applications subject to procedures. (c) Repealed. (d) Allocation and reservation of housing assistance funds; purposes; prohibited reallocation of unutilized funds; enumerated uses for retained funds; competition for reservation and obligation of funds. (e) Assistance payments for properties in Jefferson County, Texas. 1440. State housing finance and development agencies. (a) Statement of purpose; participation by private and nonprofit developers in activities assisted. (b) Determination of eligibility for assistance; definitions. (c) Guarantee of obligations issued by agencies; grants to agencies for interest payments on obligations; maximum amount of grants; prerequisites for guarantee; full faith and credit pledged for payment of guarantee; effect and validity of guarantee; fees and charges for guarantee; authorization of appropriations for grants; maximum amount of obligations guaranteed. (d) Requirements for guaranteed obligations. (e) Revolving fund for payment of liabilities incurred pursuant to guarantees and payment of obligations issued to Secretary of the Treasury; composition; availability, issuance of obligations to Secretary of the Treasury for implementation of guarantees; amount, maturity, rate of interest, and purchase by Secretary of the Treasury of obligations; payment of expenses and charges. (f) Technical assistance to agencies for planning and execution of development activities. (g) Labor standards. (h) Protection of guarantees issued by United States; inclusion by purchaser in gross income of interest paid on obligations issued by agencies. -End- -CITE- 42 USC Secs. 1401 to 1404 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1401 to 1404. Omitted -COD- CODIFICATION Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1401, acts Sept. 1, 1937, ch. 896, Sec. 1, 50 Stat. 888; July 15, 1949, 338, title III, Sec. 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86-372, title V, Sec. 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90-448, title II, Sec. 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91-609, title II, Sec. 211, 84 Stat. 1779, set out declaration of policy. See section 1437 of this title. Section 1402, acts, Sept. 1, 1937, ch. 896, Sec. 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, Secs. 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, Sec. 1, 65 Stat. 647; June 30, 1953, 170, Sec. 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, Sec. 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85-104, title III, Sec. 307, title IV, Sec. 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86-372, title V, Secs. 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87-70, title II, Sec. 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88-560, title II, Sec. 203(d), title IV, Sec. 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89-117, title I, Secs. 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90-448, title II, Sec. 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 213(a), title IV, Sec. 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91-609, title II, Sec. 208(a), title IX, Sec. 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92-213, Sec. 9, 85 Stat. 776, defined applicable terms. See section 1437a of this title. Section 1403, acts Sept. 1, 1937, ch. 896, Sec. 3, 50 Stat. 889; May 25, 1967, Pub. L. 90-19, Sec. 2(b), 81 Stat. 20; Aug. 1, 1968, Pub. L. 90-448, title XVII, Sec. 1719(a), 82 Stat. 610, created the United States Housing Authority in the Department of Housing and Urban Development. Section 1404, acts Sept. 1, 1937, ch. 896, Sec. 4, 50 Stat. 889; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; May 25, 1967, Pub. L. 90-19, Sec. 2(a), (c), 81 Stat. 19, 20, provided for assistance of officers, etc., of other agencies and transfer of property to the Authority. -MISC1- EFFECTIVE DATE OF 1969 AMENDMENT; APPLICABILITY Section 213(b) of Pub. L. 91-152 provided that the rents fixed by public housing agencies not exceed one-fourth of a low-rent housing tenant's income be effective not later than ninety days after Dec. 24, 1969, and that the requirements not apply in any case in which the Secretary of Housing and Urban Development determined that limiting the rent of any tenant or class of tenants would have resulted in a deduction in the amount of welfare assistance which would otherwise have been provided to the tenant or class of tenants by a public agency. -End- -CITE- 42 USC Sec. 1404a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1404a. Secretary of Housing and Urban Development; right to sue; expenses -STATUTE- The Secretary of Housing and Urban Development may sue and be sued only with respect to its functions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], and title II of Public Law 671, Seventy-sixth Congress, approved June 28, 1940, as amended [42 U.S.C. 1501 et seq.]. Funds made available for carrying out the functions, powers, and duties of the Secretary of Housing and Urban Development (including appropriations therefor, which are authorized) shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary of Housing and Urban Development. Notwithstanding any other provisions of law except provisions of law enacted after August 10, 1948 expressly in limitation hereof, the Secretary of Housing and Urban Development, or any State or local public agency administering a low-rent housing project assisted pursuant to the United States Housing Act of 1937 or title II of Public Law 671, Seventy-sixth Congress, approved June 38, 1940, shall continue to have the right to maintain an action or proceeding to recover possession of any housing accommodations operated by it where such action is authorized by the statute or regulations under which such housing accommodations are administered, and, in determining net income for the purposes of tenant eligibility with respect to low-rent housing projects assisted pursuant to said Acts, the Secretary of Housing and Urban Development is authorized, where it finds such action equitable and in the public interest, to exclude amounts or portions thereof paid by the United States Government for disability or death occurring in connection with military service. -SOURCE- (Aug. 10, 1948, ch. 832, title V, Sec. 502(b), 62 Stat. 1284; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 90- 19, Sec. 5(d)(4)-(7), May 25, 1967, 81 Stat. 21; Pub. L. 100-242, title V, Sec. 570(a)(2), Feb. 5, 1988, 101 Stat. 1949.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to this chapter (Sec. 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Public Law 671, Seventy-sixth Congress, approved June 28, 1940, referred to in text, is act June 28, 1940, ch. 440, 54 Stat. 676, as amended. Title II of that Act is classified generally to subchapter I (Sec. 1501 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Housing Act of 1948, and not as part of the United States Housing Act of 1937 which comprises this chapter. Section 502 of act Aug. 10, 1948, is classified generally to section 1701c of Title 12, Banks and Banking. -MISC1- AMENDMENTS 1988 - Pub. L. 100-242 substituted "Secretary of Housing and Urban Development" for "United States Housing Authority" in three places and for "Authority" in two places. 1967 - Pub. L. 90-19 substituted "United States Housing Authority" for "Public Housing Administration" wherever appearing in first and fourth sentences, "Authority" for "Administration" wherever appearing in third sentence, and "may sue" for "shall sue" in first sentence, and struck out former second sentence authorizing the Public Housing Commissioner to appoint necessary officers and employees subject to the civil-service and classification laws, to delegate his functions and powers, and to make rules and regulations, respectively. 1949 - 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. -End- -CITE- 42 USC Secs. 1405, 1406 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1405, 1406. Omitted -MISC1- Section 1405, acts Sept. 1, 1937, ch. 896, Sec. 5, 50 Stat. 890; May 25, 1967, Pub. L. 90-19, Sec. 2(d), (e), 81 Stat. 20, which enumerated miscellaneous powers and functions of the Authority, was omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1406, acts Sept. 1, 1937, ch. 896, Sec. 6, 50 Stat. 890; July 15, 1949, ch. 338, title III, Sec. 307(c), 63 Stat. 429; Oct. 31, 1951, ch. 654, Sec. 1(112), 65 Stat. 705; May 25, 1967, Pub. L. 90-19, Sec. 2(a), 81 Stat. 19, which enumerated financial provisions applicable to the Authority, was omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93- 383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Subsec. (b) of this section, which provided that section 5 of title 41 not apply to contracts for services or to purchases of supplies except when the aggregate amount involved was less than $300, was repealed by act Oct. 31, 1951, ch. 654, Sec. 1(112), 65 Stat. 705. -End- -CITE- 42 USC Sec. 1406a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1406a. Expenses of management and operation of transferred projects as nonadministrative; payment -STATUTE- On and after May 10, 1939 all necessary expenses in connection with the management and operation of projects transferred to the Authority by Executive Order Numbered 7732 of October 27, 1937, as modified by Executive Order Numbered 7839 of March 12, 1938, may be considered as nonadministrative expenses, notwithstanding the provisions of section 712a of title 15, and be paid from the rents received from each transferred project. -SOURCE- (May 10, 1939, ch. 119, Sec. 1, 53 Stat. 690.) -COD- CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I, 52 Stat. 1129. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of United States Housing Authority to Secretary of Housing and Urban Development, see note set out under section 1404a of this title. Executive Order No. 7732, Oct. 27, 1937, 2 FR 2324, 44 CFR 201.11, effective Nov. 1, 1937, transferred to the United States Housing Authority all right, interest, and title held by the Federal Emergency Administration of Public Works in any housing or slum-clearance projects constructed or in the process of construction on Sept. 1, 1937. -End- -CITE- 42 USC Sec. 1406b 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1406b. Expenses of uncompensated advisers serving United States Housing Authority away from home -STATUTE- On and after May 10, 1939, the funds made available for administrative expenses of the United States Housing Authority shall be available for the payment, when specifically authorized by the Administrator, of actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses to persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Authority. -SOURCE- (May 10, 1939, ch. 119, Sec. 1, 53 Stat. 690.) -COD- CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I, 52 Stat. 1128. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of United States Housing Authority and Administrator to Secretary of Housing and Urban Development, see note set out under section 1404a of this title. -End- -CITE- 42 USC Secs. 1406c to 1411a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1406c to 1411a. Omitted -COD- CODIFICATION Section 1406c, act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410, which related to expenses for construction advisers on non-Federal projects, was from the Independent Offices Appropriation Act, 1943, and was not repeated in subsequent appropriation acts. Prior similar provisions were contained in acts Apr. 5, 1941, ch. 40, Sec. 1, 55 Stat. 111; Apr. 18, 1940, ch. 107, Sec. 1, 54 Stat. 130. Section 1407, acts Sept. 1, 1937, ch. 896, Sec. 7, 50 Stat. 891; Aug. 2, 1954, ch. 649, title VIII, Sec. 802(d), 68 Stat. 643; May 25, 1967, Pub. L. 90-19, Sec. 2(f), 81 Stat. 20, provided for publication of information and submission of annual report by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1408, act Sept. 1, 1937, ch. 896, Sec. 8, 50 Stat. 891, authorized promulgation of rules and regulations by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1409, acts Sept. 1, 1937, ch. 896, Sec. 9, 50 Stat. 891; July 15, 1949, ch. 338, title III, Sec. 304(c), (d), 63 Stat. 425; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 211, 83 Stat. 388, authorized loans for low-rent-housing and slum clearance projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437b of this title. Section 1410, acts Sept. 1, 1937, ch. 896, Sec. 10, 50 Stat. 891; June 21, 1938, ch. 554, title VI, Sec. 601, 52 Stat. 820; July 15, 1949, ch. 338, title III, Secs. 302(a), 304(a), (c), (e), (f), 305, 307(d), 63 Stat. 423 to 427, 430; Aug. 2, 1954, ch. 649, title IV, Secs. 401(1), (2), 402, 403, 405, 406, 68 Stat. 630; June 30, 1955, ch. 251, Sec. 3, 69 Stat. 225; Aug. 11, 1955, ch. 783, title I, Sec. 108(b), 69 Stat. 638; Aug. 7, 1956, ch. 1029, title IV, Secs. 401(a), 404(b), 70 Stat. 1103, 1104; Sept. 23, 1959, Pub. L. 86- 372, title V, Secs. 505(a), 507, 73 Stat. 680, 681; June 30, 1961, Pub. L. 87-70, title II, Secs. 203, 204(a), (b), 205, 206(b), (c), 75 Stat. 163 to 165; Sept. 2, 1964, Pub. L. 88-560, title IV, Secs. 401(b), 402 to 404, 78 Stat. 794, 795; Aug. 10, 1965, Pub. L. 89- 117, title V, Secs. 501 to 504, 507(b)(1), (2); 79 Stat. 486 to 488; May 25, 1967, Pub. L. 90-19, Sec. 2(a), 81 Stat. 19; Aug. 1, 1968, Pub. L. 90-448, title II, Secs. 203(a), 206(b), 209(b), 82 Stat. 503, 505; Dec. 24, 1969, Pub. L. 91-152, title II, Secs. 212, 214, 217(b), 83 Stat. 388-390; Dec. 31, 1970, Pub. L. 91-609, title II, Secs. 202, 203, 204(a)(2), 210, 84 Stat. 1776 to 1778; Oct. 18, 1972, Pub. L. 92-503, Sec. 3 (1) to (3), 86 Stat. 906; Oct. 2, 1973, Pub. L. 93-117, Sec. 2, 87 Stat. 422, authorized annual contributions in assistance of low rentals for housing projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437c of this title. Subsec. (j) of this section, which related to self-liquidation of projects, was repealed by Pub. L. 87-70, title II, Sec. 206(c), June 30, 1961, 75 Stat. 164. Section 1411, acts Sept. 1, 1937, ch. 896, Sec. 11, 50 Stat. 893; July 15, 1949, ch. 338, title III, Sec. 307(d), 63 Stat. 430, authorized capital grants to public housing agencies in assistance of low rentals, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1411a, act July 31, 1953, ch. 302, title I, Sec. 101, 67 Stat. 306, which related to prohibition of projects in localities where rejected by public vote or governing body, was from the Independent Offices Appropriation Act, 1954, and was not repeated in subsequent appropriation acts. -MISC1- RETROACTIVE EFFECT OF REPEAL OF RIGHTS OF UNITED STATES RELATING TO SELF-LIQUIDATION OF PROJECTS Section 206(c) of Pub. L. 87-70, as amended by Pub. L. 93-383, title II, Sec. 205, Aug. 22, 1974, 88 Stat. 668, provided in part that: "The Secretary of Housing and Urban Development is authorized to agree with a public housing agency to the amendment of any annual contributions contract containing the provision prescribed in section 10(j) of the United States Housing Act of 1937 [subsec. (j) of section 1410 of this title] (as in effect prior to the enactment of the Housing and Community Development Act of 1974) so as to delete such provision and waive any rights of the United States that are accrued or may accrue under such provision." -End- -CITE- 42 USC Sec. 1411b 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1411b. Repealed. Aug. 7, 1956, ch. 1029, title IV, Sec. 401(b), 70 Stat. 1103 -MISC1- Section, acts July 5, 1952, ch. 578, title I, Sec. 101, 66 Stat. 403; July 31, 1953 ch. 302 title I, Sec. 101, 67 Stat. 307, limited number of housing units to be constructed during fiscal year. -End- -CITE- 42 USC Sec. 1411c 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1411c. Omitted -COD- CODIFICATION Section, act July 31, 1953, ch. 302, title I, Sec. 101, 67 Stat. 307, which barred subversives from occupancy of housing units and which provided for enforcement of such prohibition and affect of such prohibition on loans and contributions by the Public Housing Administration, was from the Independent Offices Appropriation Act, 1954, and was not repeated in subsequent appropriation acts. -End- -CITE- 42 USC Sec. 1411d 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1411d. Repealed. Pub. L. 93-383, title II, Sec. 204, Aug. 22, 1974, 88 Stat. 668 -MISC1- Section, act Aug. 2, 1954, ch. 649, title VIII, Sec. 815, 68 Stat. 647, required submission of specifications by applicants prior to award of any contract for construction of a project and submission of data with respect to acquisition of land prior to authorization to purchase such land. -End- -CITE- 42 USC Secs. 1412 to 1416 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1412 to 1416. Omitted -MISC1- Section 1412, acts Sept. 1, 1937, ch. 896, Sec. 12, 50 Stat. 894; Apr. 20, 1950, ch. 94, title II, Sec. 205(b), 64 Stat. 73; Aug. 7, 1956, ch. 1029, title IV, Sec. 405, 70 Stat. 1104; Aug. 10, 1965, Pub. L. 89-117, title V, Sec. 505, 79 Stat. 487, authorized disposal of low-rent-housing projects transferred to or acquired by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1413, acts Sept. 1, 1937, ch. 896, Sec. 13, 50 Stat. 894; July 15, 1949, ch. 338, title III, Sec. 307(e), 63 Stat. 430; May 25, 1967, Pub. L. 90-19, Sec. 2(g), 81 Stat. 20, enumerated powers of the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1413a, acts July 31, 1947, ch. 418, Sec. 2, 61 Stat. 705; Feb. 27, 1948, ch. 77, Sec. 3, 62 Stat. 37; Mar. 30, 1948, ch. 161, title III, Sec. 304, 62 Stat. 100, postponed until April 1, 1949, the institution of any eviction actions or proceedings in connection with publicly operated housing accommodations. Section 1414, acts Sept. 1, 1937, ch. 896, Sec. 14, 50 Stat. 895; July 15, 1949, 338, title III, Sec. 304(g), 63 Stat. 426; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 213(c), 83 Stat. 389, authorized modification, amendment, or supersedure of contracts by the Authority, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437c of this title. Section 1415, acts Sept. 1, 1937, ch. 896, Sec. 15, 50 Stat. 895; July 31, 1947, ch. 418, Sec. 1, 61 Stat. 704; July 15, 1949, ch. 338, title III, Secs. 301, 303, 304(j), 63 Stat. 422, 424, 427; Aug. 2, 1954, ch. 649, title IV, Sec. 401(3), (4), 68 Stat. 631; Aug. 7, 1956, ch. 1029, title IV, Sec. 404(c), 70 Stat. 1104; July 12, 1957, Pub. L. 85-104, title IV, Sec. 401(b), (c), 71 Stat. 302; Sept. 23, 1959. Pub. L. 86-372, title V, Secs. 503(b), 506, 507, 73 Stat. 680, 681; June 30, 1961, Pub. L. 87-70, title II, Secs. 204(b), 205(b), 206(a), 75 Stat. 164; Sept. 2, 1964, Pub. L. 88- 560, title IV, Secs. 401(c), 405(a), 406, 78 Stat. 794, 795; Aug. 10, 1965, Pub. L. 89-117, title IV, Sec. 404(c)(2), title V, Secs. 506, 507(a), (b)(3), 79 Stat. 486-488; May 25, 1967, Pub. L. 90-19, Sec. 2(a), 81 Stat. 19; Aug. 1, 1968, Pub. L. 90-448, title II, Secs. 204, 205, 207, 82 Stat. 503, 504; Dec. 24, 1969, Pub. L. 91- 152, title II, Secs. 215, 216, 83 Stat. 389, 390; Dec. 31, 1970, Pub. L. 91-609, title II, Secs. 207, 209(a), title IX, Sec. 903(d), 84 Stat. 1777, 1778, 1809; Jan. 2, 1971, Pub. L. 91-646, title II, Sec. 220(a)(6), 84 Stat. 1903, set forth provisions relating to preservation of low rents in housing projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93- 383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. See sections 1437c, 1437d, and 1437f of this title. Section 1416, acts Sept. 1, 1937, ch. 896, Sec. 16, 50 Stat. 896; July 15, 1949, 338, title III, Sec. 307(f) 63 Stat. 430; Aug. 2, 1954, ch. 649, title IV, Sec. 404, 68 Stat. 633; Nov. 3, 1966, Pub. L. 89-754, title X, Sec. 1003, 80 Stat. 1284; May 25, 1967, Pub. L. 90-19, Sec. 2(h), (i), 81 Stat. 20, provided for application of labor standards to contracts, etc., involving Federal projects, prior to the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. See section 1437 of this title. APPLICATION FOR PRELIMINARY LOANS APPROVED PRIOR TO SEPTEMBER 2, 1964 Pub. L. 88-560, title IV, Sec. 405(b), Sept. 2, 1964, 78 Stat. 795, provided that the amendments made by subsection (a) to subsec. (b)(7) of section 1415 of this title were not to be applicable to any project for which an application for a preliminary loan had been approved by the local governing body prior to Sept. 2, 1964. TRANSFERRED FUNDS; AVAILABILITY FOR EXPENDITURE Act Apr. 20, 1950, ch. 94, title II, Sec. 205(c), 64 Stat. 73, provided that all unexpended receipts, notwithstanding any limitations contained in the second proviso of act May 26, 1947, ch. 82, title I, 61 Stat. 109, derived from the sale of labor supply centers, labor homes, labor camps, and facilities, and all other unexpended balances of funds available for the maintenance, operation, and liquidation of the properties transferred and for the administrative expenses of transfer were transferred to the Public Housing Administration, to be available until expended, in accordance with the provisions of this chapter. -End- -CITE- 42 USC Sec. 1417 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1417. Repealed. Pub. L. 90-448, title XVII, Sec. 1719(b), Aug. 1, 1968, 82 Stat. 610 -MISC1- Section, act Sept. 1, 1937, ch. 896, Sec. 17, 50 Stat. 897, related to capital stock of the Authority. RETIREMENT OF CAPITAL STOCK Section 1719(b) of Pub. L. 90-448 provided in part that the capital stock referred to in this section be retired and the sum of $1,000,000 represented by such stock returned to the Treasury of the United States. -End- -CITE- 42 USC Secs. 1417a to 1422 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1417a to 1422. Omitted -COD- CODIFICATION Sections 1417a to 1422 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1417a, act Sept. 1, 1937, ch. 896, Sec. 17, as added Aug. 1, 1968, Pub. L. 90-448, title XVII, Sec. 1719(c), 82 Stat. 610, set forth additional functions, powers, and duties of the Secretary. See section 1437h of this title. Section 1418, act Sept. 1, 1937, ch. 896, Sec. 18, 50 Stat. 897, authorized all assets and receipts of the Authority to remain available until expended. See section 1437h of this title. Section 1419, act Sept. 1, 1937, ch. 896, Sec. 19, 50 Stat. 897, authorized the allocation of funds available for similar purposes to the Authority. Section 1420, acts Sept. 1, 1937, ch. 896, Sec. 20, 50 Stat. 898; June 21, 1938, ch. 554, title VI, Sec. 602, 52 Stat. 820; Oct. 30, 1941, ch. 467, 55 Stat. 759; July 15, 1949, ch. 338, title III, Sec. 304(h), 63 Stat. 427; Aug. 1, 1968, Pub. L. 90-448, title II, Sec. 203(b), 82 Stat. 503, authorized the Authority to issue obligations for purchase and sale by the Secretary of the Treasury. See section 1437b of this title. Section 1421, acts Sept. 1, 1937, ch. 896, Sec. 21, 50 Stat. 898; July 15, 1949, ch. 338, title III, Sec. 307(g), 63 Stat. 431; Aug. 7, 1956, ch. 1029, title IV, Sec. 403, 70 Stat. 1103; June 30, 1961, Pub. L. 87-70, title II, Sec. 204(c), 75 Stat. 164, set forth depository and other banking requirements applicable to the Authority. See section 1437h of this title. Section 1421a, act Sept. 1, 1937, ch. 896, Sec. 22, as added July 15, 1949, ch. 338, title III, Sec. 304(b), 63 Stat. 424; amended June 30, 1961, Pub. L. 87-70, title III, Sec. 302(b), 75 Stat. 166; Aug. 10, 1965, Pub. L. 89-117, title V, Sec. 507(b)(4), 79 Stat. 489; May 25, 1967, Pub. L. 90-19, Sec. 2(j), 81 Stat. 20, set forth provisions for private financing of low-rent-housing projects. See sections 1437d and 1437i of this title. Section 1421b, act Sept. 1, 1937, ch. 896, Sec. 23, as added Aug. 10, 1965, Pub. L. 89-117, title I, Sec. 103(a), 79 Stat. 455; amended Nov. 3, 1966, Pub. L. 89-754, title X, Sec. 1002, 80 Stat. 1284; Aug. 1, 1968, Pub. L. 90-448, title II, Secs. 208, 210, 82 Stat. 504, 505; Dec. 24, 1969, Pub. L. 91-152, title II, Sec. 217(c), 83 Stat. 390; Dec. 31, 1970, Pub. L. 91-609, title II, Sec. 204(a)(1), (b), 84 Stat. 1777, set forth provisions authorizing low- rent housing in private accommodations. See section 1437f of this title. Section 1422, acts Sept. 1, 1937, ch. 896, Sec. 24, formerly Sec. 22, 50 Stat. 899; renumbered, Sec. 23, July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431; renumbered Sec. 24, Aug. 10, 1965, Pub. L. 87-117, title I, Sec. 103(a), 79 Stat. 455, provided for applicability of all general penal statutes relating to larceny etc., of moneys and properties of the Authority. -MISC1- RETROACTIVE APPLICATION OF POLICIES OR PROCEDURES ESTABLISHED BY SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO RIGHTS OF OWNERS OF LEASED HOUSING, INCLUDING RIGHT OF RENEWAL Pub. L. 93-383, title II, Sec. 208, Aug. 22, 1974, 88 Stat. 669, as amended by Pub. L. 95-128, title II, Sec. 201(h), Oct. 12, 1977, 91 Stat. 1129, provided that: "Nothing in this title [see Tables for classification] or any other provision of law authorizes the Secretary of Housing and Urban Development to apply any policy or procedure established by him with respect to the rights of an owner under a lease entered into under section 23 of the United States Housing Act of 1937 [section 1421b of this title], including the right to renewal of such lease to the maximum term permitted by law, if such lease was entered into prior to the effective date of such policy or procedure." -End- -CITE- 42 USC Secs. 1423 to 1426 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1423 to 1426. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section 1423, act Sept. 1, 1937, ch. 896, Sec. 24, formerly Sec. 23, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, related to penalties for false entries and reports. Section 1424, act Sept. 1, 1937, ch. 896, Sec. 25, formerly Sec. 24, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, related to penalties for defrauding or hindering the Authority. Section 1425, act Sept. 1, 1937, ch. 896, Sec. 26, formerly Sec. 25, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, related to penalties for concealment of interest in property. Section 1426, act Sept. 1, 1937, ch. 896, Sec. 27, formerly Sec. 26, 50 Stat. 899, renumbered July 15, 1949, ch. 388, title III, Sec. 307(h), 63 Stat. 431, related to penalties for unlawful use of the name "United States Housing Authority". Sections 1423 to 1426 of this title are covered by section 1012 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 18, Crimes and Criminal Procedure. -End- -CITE- 42 USC Secs. 1427 to 1431 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Secs. 1427 to 1431. Omitted -COD- CODIFICATION Sections 1427 to 1431 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Section 1427, act Sept. 1, 1937, ch. 896, Sec. 28, formerly Sec. 27, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, provided for application of provisions when conflicting with other laws relating to housing or slum clearance. Section 1428, act Sept. 1, 1937, ch. 896, Sec. 29, formerly Sec. 28, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, made available funds for the District of Columbia. Section 1429, act Sept. 1, 1937, ch. 896, Sec. 30, formerly Sec. 29, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, provided for separability of provisions. Section 1430, act Sept. 1, 1937, ch. 896, Sec. 31, formerly Sec. 30, 50 Stat. 899, renumbered July 15, 1949, ch. 338, title III, Sec. 307(h), 63 Stat. 431, set forth short title of provisions as "United States Housing Act of 1937". See section 1 of act Sept. 1, 1937, as added by section 201(a) of Pub. L. 93-383, set out as a Short Title note under section 1437 of this title. Section 1431, Pub. L. 91-556, title IV, Dec. 17, 1970, 84 Stat. 1463, which provided that the necessary expenses of providing representatives at sites of non-Federal projects in connection with construction of these projects by public housing agencies with aid under this chapter, be compensated by these agencies by payments of fixed fees, was from the Independent Offices and Department of Housing and Urban Development Appropriations Act, 1971, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Nov. 26, 1969, Pub. L. 91-126, title III, 83 Stat. 242. Oct. 4, 1968, Pub. L. 90-550, title III, 82 Stat. 956. Nov. 3, 1967, Pub. L. 90-121, title II, 81 Stat. 360. Sept. 6, 1966, Pub. L. 89-555, title II, 80 Stat. 688. Aug. 16, 1965, Pub. L. 89-128, title II, 79 Stat. 542. Aug. 30, 1964, Pub. L. 88-507, title II, 78 Stat. 665. Dec. 19, 1963, Pub. L. 88-215, title II, 77 Stat. 447. Oct. 3, 1962, Pub. L. 87-741, title II, 76 Stat. 739. Aug. 17, 1961, Pub. L. 87-141, title II, 75 Stat. 363. July 12, 1960, Pub. L. 86-626, title II, 74 Stat. 444. Sept. 14, 1959, Pub. L. 86-255, title II, 73 Stat. 517. Aug. 28, 1958, Pub. L. 85-844, title II, 72 Stat. 1081. June 29, 1957, Pub. L. 85-69, title II, 71 Stat. 241. June 27, 1956, ch. 452, title II, 70 Stat. 355. June 30, 1955, ch. 244, title II, 69 Stat. 215. June 24, 1954, ch. 359, title II, 68 Stat. 297. July 31, 1953, ch. 302, title II, 67 Stat. 315. July 5, 1952, ch. 578, title III, 66 Stat. 417. Aug. 31, 1951, ch. 376, title IV, 65 Stat. 299. Sept. 6, 1950, ch. 896, Ch. VIII, title II, 64 Stat. 723. Aug. 24, 1949, ch. 506, title II, 63 Stat. 659. June 30, 1948, ch. 773, title II, 62 Stat. 1190. July 30, 1947, ch. 358, title II, 61 Stat. 579. July 20, 1946, ch. 589, title II, 60 Stat. 592. May 3, 1945, ch. 106, title I, 59 Stat. 124. -End- -CITE- 42 USC Sec. 1432 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1432. Repealed. July 15, 1949, ch. 338, title VI, Sec. 606, 63 Stat. 441 -MISC1- Section, act Aug. 10, 1948, ch. 832, title V, Sec. 503, 62 Stat. 1285, related to State low-rent or veterans' housing projects. -End- -CITE- 42 USC Sec. 1433 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1433. Omitted -COD- CODIFICATION Section, act July 15, 1949, ch. 338, title VI, Sec. 606, 63 Stat. 440, provided for conversion of State and local low-rent or veterans' housing projects to Federal projects if the contract for State financial assistance for such project was entered into on or after Jan. 1, 1948, and prior to Jan. 1, 1950. -End- -CITE- 42 USC Sec. 1434 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1434. Records; contents; examination and audit -STATUTE- Every contract between the Department of Housing and Urban Development and any person or local body (including any corporation or public or private agency or body) for a loan, advance, grant, or contribution under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], the Housing Act of 1949, as amended [42 U.S.C. 1441 et seq.], or any other Act shall provide that such person or local body shall keep such records as the Department of Housing and Urban Development shall from time to time prescribe, including records which permit a speedy and effective audit and will fully disclose the amount and the disposition by such person or local body of the proceeds of the loan, advance, grant, or contribution, or any supplement thereto, the capital cost of any construction project for which any such loan, advance, grant, or contribution is made, and the amount of any private or other non-Federal funds used or grants-in-aid made for or in connection with any such project. No mortgage covering new or rehabilitated multifamily housing (as defined in section 1715r of title 12) shall be insured unless the mortgagor certifies that he will keep such records as are prescribed by the Secretary of Housing and Urban Development at the time of the certification and that they will be kept in such form as to permit a speedy and effective audit. The Department of Housing and Urban Development and the Comptroller General of the United States shall have access to and the right to examine and audit such records. This section shall become effective on the first day after the first full calendar month following the date of approval of the Housing Act of 1961. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 814, 68 Stat. 647; Pub. L. 87-70, title IX, Sec. 908, June 30, 1961, 75 Stat. 191; Pub. L. 90- 19, Sec. 10(h), May 25, 1967, 81 Stat. 23.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, as amended, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to this chapter (Sec. 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Housing Act of 1949, as amended, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is classified principally to chapter 8A (Sec. 1441 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. The first day after the first full calendar month following the date of approval of the Housing Act of 1961, referred to in text, probably means Aug. 1, 1961, which is the first day after the first full calendar month following approval of Pub. L. 87-70, which was approved on June 30, 1961. -COD- CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. Section was formerly classified to sections 1446 of this title and 1715s of Title 12, Banks and Banking. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" for "Federal Housing Commissioner" in second sentence and "Department of Housing and Urban Development" for "Housing and Home Finance Agency (or any official or constituent thereof)" and "Housing and Home Finance Agency (or such official or constituent thereof)" in first sentence and for "Housing and Home Finance Agency or any official or constituent agency thereof" in third sentence, respectively. 1961 - Pub. L. 87-70 required record keeping provisions in contracts under the Housing Act of 1949 and in contracts under any other act, prohibited insurance of mortgages covering new or rehabilitated multifamily housing unless the mortgagor certifies that he will keep records, and empowered the Comptroller General to examine and audit records, and substituted "Housing Act of 1961" for "Housing Act of 1954". EFFECTIVE DATE The fourth sentence of section 814 of act Aug. 2, 1954 (prior to the amendment by section 908 of act June 30, 1961) provided that this section is effective on first day after first calendar month following the date of approval of the act (Aug. 2, 1954). -End- -CITE- 42 USC Sec. 1435 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1435. Access to books, documents, etc., for purpose of audit -STATUTE- Every contract for loans or annual contributions under this chapter shall provide that the Secretary of Housing and Urban Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the public housing agency entering into such contract that are pertinent to its operations with respect to financial assistance under this chapter. -SOURCE- (Aug. 2, 1954, ch. 649, title VIII, Sec. 816, 68 Stat. 647; Pub. L. 90-19, Sec. 10(i), May 25, 1967, 81 Stat. 23.) -COD- CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. -MISC1- AMENDMENTS 1967 - Pub. L. 90-19 substituted "Secretary of Housing and Urban Development" for "Public Housing Commissioner". -End- -CITE- 42 USC Sec. 1436 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1436. Repealed. Pub. L. 91-609, title V, Sec. 503(4), Dec. 31, 1970, 84 Stat. 1786 -MISC1- Section, Pub. L. 87-70, title II, Sec. 207, June 30, 1961, 75 Stat. 165; Pub. L. 88-560, title II, Sec. 203(e), title IV, Sec. 407, Sept. 2, 1964, 78 Stat. 784, 796; Pub. L. 89-117, title XI, Sec. 1105, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90-19, Sec. 18(a), May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title XVII, Sec. 1714(a), Aug. 1, 1968, 82 Stat. 607, provided for low-rent housing demonstration programs and development grants. See section 1701z-1 et seq. of Title 12, Banks and Banking. EFFECTIVE DATE OF REPEAL: SAVINGS PROVISION Section 503 of Pub. L. 91-609 provided in part for repeal of sections 1701d-3, 1701e, 1701e note, and 1701f of Title 12, Banks and Banking, this section, note below, section 1452a, section 1456 note, and sections 3372, 3373 of this title, effective July 1, 1971, except that the repeal shall not affect contracts, commitments, reservations, or other obligations entered pursuant to such provisions prior to July 1, 1971. REPORT OF SELF-HELP STUDIES AND DEMONSTRATIONS Pub. L. 90-448, title XVII, Sec. 1714(b), Aug. 1, 1968, 82 Stat. 607, providing for report to Congress within one year after Aug. 1, 1968, respecting self-help studies and demonstrations, was repealed by section 503(7) of Pub. L. 91-609. -End- -CITE- 42 USC Sec. 1436a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1436a. Restriction on use of assisted housing by non-resident aliens -STATUTE- (a) Conditions for assistance Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of any alien unless that alien is a resident of the United States and is - (1) an alien lawfully admitted for permanent residence as an immigrant as defined by section 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, diplomats, and students who enter the United States temporarily with no intention of abandoning their residence in a foreign country; (2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously maintained his or her residence in the United States since then, and is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to section 1259 of title 8; (3) an alien who is lawfully present in the United States pursuant to an admission under section 1157 of title 8 or pursuant to the granting of asylum (which has not been terminated) under section 1158 of title 8; (4) an alien who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to section 1182(d)(5) of title 8; (5) an alien who is lawfully present in the United States as a result of the Attorney General's withholding deportation pursuant to section 1231(b)(3) of title 8; (6) an alien lawfully admitted for temporary or permanent residence under section 1255a of title 8; or (7) an alien who is lawfully resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any such alien shall not be entitled to a preference in receiving assistance under this Act over any United States citizen or national resident therein who is otherwise eligible for such assistance. (b) "Financial assistance" defined (1) For purposes of this section the term "financial assistance" means financial assistance made available pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], section 1715z or 1715z-1 of title 12, the direct loan program under section 1472 of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston- Gonzalez National Affordable Housing Act [42 U.S.C. 12851 et seq.], or section 101 of the Housing and Urban Development Act of 1965 [12 U.S.C. 1701s]. (2) If the eligibility for financial assistance of at least one member of a family has been affirmatively established under the program of financial assistance and under this section, and the ineligibility of one or more family members has not been affirmatively established under this section, any financial assistance made available to that family by the applicable Secretary shall be prorated, based on the number of individuals in the family for whom eligibility has been affirmatively established under the program of financial assistance and under this section, as compared with the total number of individuals who are members of the family. (c) Preservation of families; students (1) If, following completion of the applicable hearing process, financial assistance for any individual receiving such assistance on February 5, 1988, is to be terminated, the public housing agency or other local governmental entity involved (in the case of public housing or assistance under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f]) or the applicable Secretary (in the case of any other financial assistance) shall take one of the following actions: (A) Permit the continued provision of financial assistance, if necessary to avoid the division of a family in which the head of household or spouse is a citizen of the United States, a national of the United States, or an alien resident of the United States described in any of paragraphs (1) through (6) of subsection (a) of this section. For purposes of this paragraph, the term "family" means a head of household, any spouse, any parents of the head of household, any parents of the spouse, and any children of the head of household or spouse. Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section. (B)(i) Defer the termination of financial assistance, if necessary to permit the orderly transition of the individual and any family members involved to other affordable housing. (ii) Except as provided in clause (iii), any deferral under this subparagraph shall be for a 6-month period and may be renewed by the public housing agency or other entity involved for an aggregate period of 18-months. At the beginning of each deferral period, the public housing agency or other entity involved shall inform the individual and family members of their ineligibility for financial assistance and offer them other assistance in finding other affordable housing. (iii) The time period described in clause (ii) shall not apply in the case of a refugee under section 1157 of title 8 or an individual seeking asylum under section 1158 of title 8. (2) Notwithstanding any other provision of law, the applicable Secretary may not make financial assistance available for the benefit of - (A) any alien who - (i) has a residence in a foreign country that such alien has no intention of abandoning; (ii) is a bona fide student qualified to pursue a full course of study; and (iii) is admitted to the United States temporarily and solely for purposes of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by such alien and approved by the Attorney General after consultation with the Department of Education of the United States, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student (and if any such institution of learning or place of study fails to make such reports promptly the approval shall be withdrawn); and (B) the alien spouse and minor children of any alien described in subparagraph (A), if accompanying such alien or following to join such alien. (d) Conditions for provision of financial assistance for individuals The following conditions apply with respect to financial assistance being or to be provided for the benefit of an individual: (1)(A) There must be a declaration in writing by the individual (or, in the case of an individual who is a child, by another on the individual's behalf), under penalty of perjury, stating whether or not the individual is a citizen or national of the United States, and, if that individual is not a citizen or national of the United States, that the individual is in a satisfactory immigration status. If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the applicable Secretary, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the applicable Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation. (B) In this subsection, the term "satisfactory immigration status" means an immigration status which does not make the individual ineligible for financial assistance. (2) If such an individual is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, there must be presented either - (A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual's alien admission number or alien file number (or numbers if the individual has more than one number), or (B) such other documents as the applicable Secretary determines constitutes reasonable evidence indicating a satisfactory immigration status. In the case of an individual applying for financial assistance on or after September 30, 1996, the applicable Secretary may not provide any such assistance for the benefit of that individual before documentation is presented and verified under paragraph (3) or (4). (3) If the documentation described in paragraph (2)(A) is presented, the applicable Secretary shall utilize the individual's alien file or alien admission number to verify with the Immigration and Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with States) that - (A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and (B) protects the individual's privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, is not 62 years of age or older, and is receiving financial assistance on September 30, 1996, or applying for financial assistance on or after September 30, 1996, if, at the time of application or recertification for financial assistance, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3) - (A) the applicable Secretary - (i) shall provide a reasonable opportunity, not to exceed 30 days, to submit to the applicable Secretary evidence indicating a satisfactory immigration status, or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3), (ii) in the case of any individual receiving assistance on September 30, 1996, may not delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and (iii) in the case of any individual applying for financial assistance on or after September 30, 1996, may not deny the application for such assistance on the basis of the immigration status of that individual until the expiration of that 30-day period; and (B) if any documents or additional information are submitted as evidence under subparagraph (A), or if appeal is made to the Immigration and Naturalization Service with respect to the verification determination of the Service under paragraph (3) - (i) the applicable Secretary shall transmit to the Immigration and Naturalization Service photostatic or other similar copies of such documents or additional information for official verification, (ii) pending such verification or appeal, the applicable Secretary may not - (I) in the case of any individual receiving assistance on September 30, 1996, delay, deny, reduce, or terminate the eligibility of that individual for financial assistance on the basis of the immigration status of that individual; and (II) in the case of any individual applying for financial assistance on or after September 30, 1996, deny the application for such assistance on the basis of the immigration status of that individual; and (iii) the applicable Secretary shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. (5) If the applicable Secretary determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status, the applicable Secretary shall - (A) deny the application of that individual for financial assistance or terminate the eligibility of that individual for financial assistance, as applicable; (B) provide that the individual may request a fair hearing during the 30-day period beginning upon receipt of the notice under subparagraph (C); and (C) provide to the individual written notice of the determination under this paragraph, the right to a fair hearing process, and the time limitation for requesting a hearing under subparagraph (C). (6) The applicable Secretary shall terminate the eligibility for financial assistance of an individual and the members of the household of the individual, for a period of not less than 24 months, upon determining that such individual has knowingly permitted another individual who is not eligible for such assistance to reside in the public or assisted housing unit of the individual. This provision shall not apply to a family if the ineligibility of the ineligible individual at issue was considered in calculating any proration of assistance provided for the family. For purposes of this subsection, the term "applicable Secretary" means the applicable Secretary, a public housing agency, or another entity that determines the eligibility of an individual for financial assistance. (e) Regulatory actions against entities for erroneous determinations regarding eligibility based upon citizenship or immigration status The applicable Secretary shall not take any compliance, disallowance, penalty, or other regulatory action against an entity with respect to any error in the entity's determination to make an individual eligible for financial assistance based on citizenship or immigration status - (1) if the entity has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service, (2) because the entity, under subsection (d)(4)(A)(ii) of this section (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603)), was required to provide a reasonable opportunity to submit documentation, or (3) because the entity, under subsection (d)(4)(B)(ii) of this section (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603)), was required to wait for the response of the Immigration and Naturalization Service to the entity's request for official verification of the immigration status of the individual, or the response from the Immigration and Naturalization Service to the appeal of that individual. (f) Verification system; liability of State or local government agencies or officials; prior consent agreements, court decrees or court orders unaffected (1) Notwithstanding any other provision of law, no agency or official of a State or local government shall have any liability for the design or implementation of the Federal verification system described in subsection (d) of this section if the implementation by the State or local agency or official is in accordance with Federal rules and regulations. (2) The verification system of the Department of Housing and Urban Development shall not supersede or affect any consent agreement entered into or court decree or court order entered prior to February 5, 1988. (g) Reimbursement for costs of implementation The applicable Secretary is authorized to pay to each public housing agency or other entity an amount equal to 100 percent of the costs incurred by the public housing agency or other entity in implementing and operating an immigration status verification system under subsection (d) of this section (or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603)). (h) "Applicable Secretary" defined For purposes of this section, the term "applicable Secretary" means - (1) the Secretary of Housing and Urban Development, with respect to financial assistance administered by such Secretary and financial assistance under subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12851 et seq.]; and (2) the Secretary of Agriculture, with respect to financial assistance administered by such Secretary. (i) Verification of eligibility (1) In general No individual or family applying for financial assistance may receive such financial assistance prior to the affirmative establishment and verification of eligibility of at least the individual or one family member under subsection (d) of this section by the applicable Secretary or other appropriate entity. (2) Rules applicable to public housing agencies A public housing agency (as that term is defined in section 3 of the United States Housing Act of 1937 [42 U.S.C. 1437a]) - (A) may, notwithstanding paragraph (1) of this subsection, elect not to affirmatively establish and verify eligibility before providing financial assistance (!1) (B) in carrying out subsection (d) of this section - (i) may initiate procedures to affirmatively establish or verify the eligibility of an individual or family under this section at any time at which the public housing agency determines that such eligibility is in question, regardless of whether or not that individual or family is at or near the top of the waiting list of the public housing agency; (ii) may affirmatively establish or verify the eligibility of an individual or family under this section in accordance with the procedures set forth in section 1324a(b)(1) of title 8; and (iii) shall have access to any relevant information contained in the SAVE system (or any successor thereto) that relates to any individual or family applying for financial assistance. (3) Eligibility of families For purposes of this subsection, with respect to a family, the term "eligibility" means the eligibility of each family member. -SOURCE- (Pub. L. 96-399, title II, Sec. 214, Oct. 8, 1980, 94 Stat. 1637; Pub. L. 97-35, title III, Sec. 329(a), Aug. 13, 1981, 95 Stat. 408; Pub. L. 99-603, title I, Sec. 121(a)(2), Nov. 6, 1986, 100 Stat. 3386; Pub. L. 100-242, title I, Sec. 164(a)-(f)(1), Feb. 5, 1988, 101 Stat. 1860-1863; Pub. L. 104-193, title IV, Sec. 441(a), Aug. 22, 1996, 110 Stat. 2276; Pub. L. 104-208, div. C, title III, Sec. 308(g)(7)(D)(ii), title V, Secs. 572-576, Sept. 30, 1996, 110 Stat. 3009-624, 3009-684, 3009-685, 3009-687; Pub. L. 105-276, title V, Sec. 592(a), Oct. 21, 1998, 112 Stat. 2653; Pub. L. 106-504, Sec. 3(b), Nov. 13, 2000, 114 Stat. 2312.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a)(7), is Pub. L. 96-399, Oct. 8, 1980, 94 Stat. 1614, as amended, known as the Housing and Community Development Act of 1980. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 5301 of this title and Tables. The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to this chapter (Sec. 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Cranston-Gonzalez National Affordable Housing Act, referred to in subsecs. (b)(1) and (h)(1), is Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 4079, as amended. Subtitle A of title III of the Act, known as the National Homeownership Trust Act, is classified generally to subchapter III (Sec. 12851 et seq.) of chapter 130 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (b), is section 101 of Pub. L. 89-117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title. The Immigration Reform and Control Act of 1986, referred to in subsecs. (e)(2), (3) and (g), is Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3359. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under section 1101 of Title 8, Aliens and Nationality, and Tables. -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter. -MISC1- AMENDMENTS 2000 - Subsec. (a)(7). Pub. L. 106-504 added par. (7). 1998 - Subsec. (b)(2). Pub. L. 105-276, Sec. 592(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development". Subsec. (c)(1)(B). Pub. L. 105-276, Sec. 592(a)(2), aligned cls. (ii) and (iii) with cl. (i). Subsec. (d)(1)(A). Pub. L. 105-276, Sec. 592(a)(3)(A), in last sentence, substituted "applicable Secretary, or" for "Secretary of Housing and Urban Development, or" and "applicable Secretary considers" for "Secretary considers". Subsec. (d)(2). Pub. L. 105-276, Sec. 592(a)(3)(B), aligned concluding provisions with par. (2) and inserted "applicable" before "Secretary" in concluding provisions. Subsec. (d)(4)(B)(ii). Pub. L. 105-276, Sec. 592(a)(3)(C), inserted "applicable" before "Secretary" in introductory provisions. Subsec. (d)(5). Pub. L. 105-276, Sec. 592(a)(3)(D), substituted "the applicable Secretary shall" for "the Secretary shall" in introductory provisions. Subsec. (d)(6). Pub. L. 105-276, Sec. 592(a)(3)(E), inserted "applicable" before "Secretary". Subsec. (h). Pub. L. 105-276, Sec. 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). Subsec. (h)(1). Pub. L. 105-276, Sec. 592(a)(4)(A), substituted "No" for "Except in the case of an election under paragraph (2)(A), no" and "subsection (d) of this section" for "this section" and inserted "applicable" before "Secretary". Subsec. (h)(2)(A). Pub. L. 105-276, Sec. 592(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: "may elect not to comply with this section; and". Subsec. (h)(2)(B). Pub. L. 105-276, Sec. 592(a)(4)(B)(ii), substituted "in carrying out subsection (d) of this section" for "in complying with this section" in introductory provisions. Subsec. (i). Pub. L. 105-276, Sec. 592(a)(5), redesignated subsec. (h), relating to verification of eligibility, as (i). 1996 - Subsec. (a). Pub. L. 104-193, Sec. 441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in introductory provisions. Subsec. (a)(5). Pub. L. 104-208, Sec. 308(g)(7)(D)(ii), substituted "section 1231(b)(3)" for "section 1253(h)". Subsec. (b). Pub. L. 104-208, Sec. 572, designated existing provisions as par. (1) and added par. (2). Pub. L. 104-193, Sec. 441(a)(2), inserted "the direct loan program under section 1472 of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or 1490r of this title, subtitle A of title III of the Cranston-Gonzalez National Affordable Housing Act," after "1715z-1 of title 12,". Subsec. (c). Pub. L. 104-193, Sec. 441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in two places. Subsec. (c)(1). Pub. L. 104-208, Sec. 573(1), substituted "shall" for "may, in its discretion," in introductory provisions. Subsec. (c)(1)(A). Pub. L. 104-208, Sec. 573(2), inserted at end "Financial assistance continued under this subparagraph for a family may be provided only on a prorated basis, under which the amount of financial assistance is based on the percentage of the total number of members of the family that are eligible for that assistance under the program of financial assistance and under this section." Subsec. (c)(1)(B). Pub. L. 104-208, Sec. 573(3), designated first sentence of existing provisions as cl. (i), designated second and third sentences of existing provisions as cl. (ii) and substituted "Except as provided in clause (iii), any deferral" for "Any deferral" and "18-months" for "3 years", and added cl. (iii). Subsec. (d). Pub. L. 104-208, Sec. 574(1), inserted "or to be" after "being" in introductory provisions. Pub. L. 104-193, Sec. 441(a)(3), substituted "applicable Secretary" for "Secretary" wherever appearing in pars. (2) to (6). Pub. L. 104-193, Sec. 441(a)(1), (4), substituted "the term 'applicable Secretary' " for "the term 'Secretary' " and "applicable Secretary" for "Secretary of Housing and Urban Development" in closing provisions. Subsec. (d)(1)(A). Pub. L. 104-208, Sec. 574(2), inserted at end "If the declaration states that the individual is not a citizen or national of the United States and that the individual is younger than 62 years of age, the declaration shall be verified by the Immigration and Naturalization Service. If the declaration states that the individual is a citizen or national of the United States, the Secretary of Housing and Urban Development, or the agency administering assistance covered by this section, may request verification of the declaration by requiring presentation of documentation that the Secretary considers appropriate, including a United States passport, resident alien card, alien registration card, social security card, or other documentation." Subsec. (d)(2). Pub. L. 104-208, Sec. 574(3), substituted "on September 30, 1996, or applying for financial assistance on or after September 30, 1996" for "on February 5, 1988" in introductory provisions and added concluding provisions. Subsec. (d)(4). Pub. L. 104-208, Sec. 574(4)(A), substituted "on September 30, 1996, or applying for financial assistance on or after September 30, 1996" for "on February 5, 1988" in introductory provisions. Subsec. (d)(4)(A)(i). Pub. L. 104-208, Sec. 574(4)(B)(i)(I), inserted ", not to exceed 30 days," after "reasonable opportunity". Subsec. (d)(4)(A)(ii), (iii). Pub. L. 104-208, Sec. 574(4)(B)(i)(II), (ii), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: "may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status until such a reasonable opportunity has been provided; and". Subsec. (d)(4)(B)(ii). Pub. L. 104-208, Sec. 574(4)(C), added cl. (ii) and struck out former cl. (ii) which read as follows: "pending such verification or appeal, the applicable Secretary may not delay, deny, reduce, or terminate the individual's eligibility for financial assistance on the basis of the individual's immigration status, and". Subsec. (d)(5). Pub. L. 104-208, Sec. 574(5), inserted ", the Secretary shall" after "status" in introductory provisions, added subpars. (A) to (C), and struck out former subpars. (A) and (B) which read as follows: "(A) the applicable Secretary shall deny or terminate the individual's eligibility for financial assistance, and "(B) the applicable fair hearing process shall be made available with respect to the individual." Subsec. (d)(6). Pub. L. 104-208, Sec. 574(6), added par. (6) and struck out former par. (6) which read as follows: "For purposes of paragraph (5)(B), the applicable fair hearing process made available with respect to any individual shall include not less than the following procedural protections: "(A) The applicable Secretary shall provide the individual with written notice of the determination described in paragraph (5) and of the opportunity for a hearing with respect to the determination. "(B) Upon timely request by the individual, the applicable Secretary shall provide a hearing before an impartial hearing officer designated by the applicable Secretary, at which hearing the individual may produce evidence of a satisfactory immigration status. "(C) The applicable Secretary shall notify the individual in writing of the decision of the hearing officer on the appeal of the determination in a timely manner. "(D) Financial assistance may not be denied or terminated until the completion of the hearing process." Subsec. (e). Pub. L. 104-193, Sec. 441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development" in introductory provisions. Subsec. (e)(3). Pub. L. 104-208, Sec. 575(2), inserted at end "the response from the Immigration and Naturalization Service to the appeal of that individual." Subsec. (e)(4). Pub. L. 104-208, Sec. 575(1), (3), struck out par. (4) which read as follows: "because of a fair hearing process described in subsection (d)(5)(B) of this section (or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603))." Subsec. (g). Pub. L. 104-193, Sec. 441(a)(1), substituted "applicable Secretary" for "Secretary of Housing and Urban Development". Subsec. (h). Pub. L. 104-208, Sec. 576, added subsec. (h) relating to verification of eligibility. Pub. L. 104-193, Sec. 441(a)(5), added subsec. (h) defining "applicable Secretary". 1988 - Subsec. (a)(6). Pub. L. 100-242, Sec. 164(a), added par. (6). Subsec. (c). Pub. L. 100-242, Sec. 164(b), added subsec. (c). Subsec. (d). Pub. L. 100-242, Sec. 164(c)(8), amended last sentence generally. Prior to amendment, last sentence read as follows: "In this subsection and subsection (e) of this section, the term 'Secretary' refers to the Secretary and to a public housing authority or other entity which makes financial assistance available." Subsec. (d)(2). Pub. L. 100-242, Sec. 164(c)(1), inserted ", is not 62 years of age or older, and is receiving financial assistance on February 5, 1988" after "States". Subsec. (d)(4). Pub. L. 100-242, Sec. 164(c)(2), in introductory provisions, inserted ", is not 62 years of age or older, and is receiving financial assistance on February 5, 1988" after "States", and "or recertification" after "application". Subsec. (d)(4)(A)(i). Pub. L. 100-242, Sec. 164(c)(3), inserted after comma "or to appeal to the Immigration and Naturalization Service the verification determination of the Immigration and Naturalization Service under paragraph (3),". Subsec. (d)(4)(B). Pub. L. 100-242, Sec. 164(c)(4), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: "if there are submitted documents which the Secretary determines constitutes reasonable evidence indicating such status - ". Subsec. (d)(4)(B)(i), (ii). Pub. L. 100-242, Sec. 164(c)(5), (6), inserted "or additional information" after "documents" in cl. (i), and "or appeal" after "verification" in cl. (ii). Subsec. (d)(6). Pub. L. 100-242, Sec. 164(c)(7), added par. (6). Subsec. (e). Pub. L. 100-242, Sec. 164(d)(1), in introductory provisions, inserted "of Housing and Urban Development" after "Secretary". Subsec. (e)(2), (3). Pub. L. 100-242, Sec. 164(d)(2), (3), inserted "(or under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99-603))". Subsec. (e)(4). Pub. L. 100-242, Sec. 164(d)(4), inserted "(or provided for under any alternative system for verifying immigration status with the Immigration and Naturalization Service authorized in the Immigration Reform and Control Act of 1986 (Public Law 99- 603))". Subsec. (f). Pub. L. 100-242, Sec. 164(e), added subsec. (f). Subsec. (g). Pub. L. 100-242, Sec. 164(f)(1), added subsec. (g). 1986 - Subsecs. (d), (e). Pub. L. 99-603 added subsecs. (d) and (e). 1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating to restrictions on use of assisted housing by resident aliens meeting further conditions for provisions relating to prohibition on financial assistance to nonimmigrant student-aliens. Subsec. (b). Pub. L. 97-35 struck out "(1)" after "(b)" and par. (2) which defined "nonimmigrant student-alien". EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-276, title V, Sec. 592(b), Oct. 21, 1998, 112 Stat. 2654, 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 1996 AMENDMENT Amendment by section 308(g)(7)(D)(ii) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a note under section 1101 of Title 8, Aliens and Nationality. Amendment by sections 572-576 of Pub. L. 104-208 effective Sept. 30, 1996, see section 591 of Pub. L. 104-208, set out as a note under section 1101 of Title 8. EFFECTIVE DATE OF 1988 AMENDMENT Section 164(h) of Pub. L. 100-242 provided that: "(1) The provisions of, and amendments made by, subsections (a), (b), (e), (f), and (g) [amending this section, repealing section 1437r of this title, and enacting provisions set out below] shall take effect on the date of the enactment of this Act [Feb. 5, 1988]. "(2) The amendments made by subsections (c) and (d) [amending this section] shall take effect on October 1, 1988." EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-603 effective on Oct. 1, 1988, with certain exceptions and qualifications, see section 121(c)(3), (4) of Pub. L. 99-603, set out as a note under section 1320b-7 of this title. 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 Title 12, Banks and Banking. SHORT TITLE OF 1996 AMENDMENT Section 571 of div. C of Pub. L. 104-208 provided that: "This subtitle [subtitle E (Secs. 571-577) of title V of div. C of Pub. L. 104-208, amending this section and enacting provisions set out as a note below] may be cited as the 'Use of Assisted Housing by Aliens Act of 1996'." REGULATIONS Section 577 of div. C of Pub. L. 104-208 provided that: "(a) Issuance. - Not later than the 60 days after the date of enactment of this Act [Sept. 30, 1996], the Secretary of Housing and Urban Development shall issue any regulations necessary to implement the amendments made by this part [probably means this subtitle, subtitle E (Secs. 571-577) of title V of div. C of Pub. L. 104-208, see Short Title of 1996 Amendment note above]. Such regulations shall be issued in the form of an interim final rule, which shall take effect upon issuance and shall not be subject to the provisions of section 533 of title 5, United States Code, regarding notice or opportunity for comment. "(b) Failure To Issue. - If the Secretary fails to issue the regulations required under subsection (a) before the date specified in that subsection, the regulations relating to restrictions on assistance to noncitizens, contained in the final rule issued by the Secretary of Housing and Urban Development in RIN-2501-AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the Federal Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824-14861), shall not apply after that date." -TRANS- ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. -MISC2- TRANSITIONAL CERTIFICATION AND DOCUMENTATION PROVISIONS Section 164(g) of Pub. L. 100-242 provided that: "In carrying out section 214 of the Housing and Community Development Act of 1980 [this section] during fiscal year 1988, the Secretary of Housing and Urban Development shall require, as a condition of providing financial assistance for the benefit of any individual, that such individual - "(1) declare in writing, under penalty of perjury, whether or not such individual is a citizen or national of the United States; and "(2) if not a citizen or national - "(A) declare in writing, under penalty of perjury, the immigration status of such individual, if such individual is not less than 62 years of age 'and is receiving financial assistance on the date of the enactment of the Housing and Community Development Act of 1987' [Feb. 5, 1988]; or "(B) provide such documentation regarding the immigration status of such individual as the Secretary may require by regulation." DELAYED IMPLEMENTATION OF 1981 AMENDMENT Pub. L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239, provided in part that: "The Secretary may not implement the amendment to section 214 of the Housing and Community Development Act of 1980 [this section], made by section 329(a) of the Housing and Community Development Amendments of 1981 [Pub. L. 97-35], before the expiration of the one-year period following the date of the enactment of this Act [Nov. 30, 1983]." ALIENS GRANTED CONDITIONAL ENTRY ELIGIBLE FOR ASSISTED HOUSING Section 329(b) of Pub. L. 97-35 provided that: "An alien who is lawfully present in the United States as a result of being granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic natural calamity shall be deemed, for purposes of section 214 of the Housing and Community Development Act of 1980 [this section], to be an alien described in section 214(a)(3) of such Act [subsec. (a)(3) of this section]." -FOOTNOTE- (!1) So in original. Probably should be followed by "; and". -End- -CITE- 42 USC Sec. 1436b 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1436b. Financial assistance in impacted areas -STATUTE- The Secretary of Housing and Urban Development shall not exclude from consideration for financial assistance under federally assisted housing programs proposals for housing projects solely because the site proposed is located within an impacted area. For the purposes of this section, the term "federally assisted housing programs" means any program authorized by the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], sections 1715z and 1715z-1 of title 12, section 101 of the Housing and Urban Development Act of 1965 [12 U.S.C. 1701s], or section 1701q of title 12. -SOURCE- (Pub. L. 96-399, title II, Sec. 216, Oct. 8, 1980, 94 Stat. 1638.) -REFTEXT- REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to this chapter (Sec. 1437 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. Section 101 of the Housing and Urban Development Act of 1965, referred to in text, is section 101 of Pub. L. 89-117, title I, Aug. 10, 1965, 79 Stat. 451, as amended, which enacted section 1701s of Title 12, Banks and Banking, and amended sections 1451 and 1465 of this title. -COD- CODIFICATION Section was enacted as part of the Housing and Community Development Act of 1980, and not as part of the United States Housing Act of 1937 which comprises this chapter. -End- -CITE- 42 USC Sec. 1436c 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 8 - LOW-INCOME HOUSING -HEAD- Sec. 1436c. Insurance for public housing agencies and Indian housing authorities -STATUTE- On and after October 28, 1991, notwithstanding any other provision of State or Federal law, regulation or other requirement, any public housing agency or Indian housing authority that purchas