Title 42 -- The Public Health and Welfare


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    42 USC CHAPTER 69 - COMMUNITY DEVELOPMENT                    01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
    .
 
-HEAD-
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
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    Sec.
    5301. Congressional findings and declaration of purpose.
                  (a) Critical social, economic, and environmental
                        problems facing Nation's urban communities.
                  (b) Establishment and maintenance of viable urban
                        communities; systematic and sustained action by
                        Federal, State, and local governments;
                        expansion of and continuity in Federal
                        assistance; increased private investment;
                        streamlining programs and improvement of
                        functioning of agencies; action to address
                        consequences of scarce fuel supplies.
                  (c) Decent housing, suitable living environment, and
                        economic opportunities for persons of low and
                        moderate income; community development
                        activities which may be supported by Federal
                        assistance.
                  (d) Consolidation of complex and overlapping Federal
                        assistance programs into consistent system of
                        Federal aid.
    5302. General provisions.
                  (a) Definitions.
                  (b) Basis and modification of definitions.
                  (c) Designation of public agencies.
                  (d) Local governments, inclusion in urban county
                        population.
                  (e) Exclusion of local governments from urban county
                        population; notification of election.
    5303. Grants to States, units of general local government and
      Indian tribes; authorizations.
    5304. Statement of activities and review.
                  (a) Statement of objectives and projected use of
                        funds by grantee prerequisite to receipt of
                        grant; publication of proposals by grantees;
                        notice and comment; citizen participation plan.
                  (b) Certification of enumerated criteria by grantee
                        to Secretary.
                  (c) Special certifications required for certain
                        grants.
                  (d) Residential antidisplacement and relocation
                        assistance plan; certification of adherence;
                        contents.
                  (e) Submission of performance and evaluation report
                        by grantee to Secretary; contents; availability
                        for citizen comment; annual review and audit by
                        Secretary of program implementation;
                        adjustments in amount of annual grants.
                  (f) Audit of grantees by General Accounting Office;
                        access to books, accounts, records, etc., by
                        representatives of General Accounting Office.
                  (g) Environmental protection measures applicable for
                        release of funds to applicants for projects;
                        issuance of regulations by Secretary subsequent
                        to consultation with Council on Environmental
                        Quality; request and certification to Secretary
                        for approval of release of funds; form,
                        contents and effect of certification.
                  (h) Payments; revolving loan fund: establishment in
                        private financial institution for
                        rehabilitation activities; standards for
                        payments: criteria.
                  (i) Metropolitan city as part of urban county.
                  (j) Retention of program income; condition of
                        distribution.
                  (k) Provision of benefits to displaced persons.
                  (l) Protection of individuals engaging in nonviolent
                        civil rights demonstrations.
                  (m) Community development plans.
    5305. Activities eligible for assistance.
                  (a) Enumeration of eligible activities.
                  (b) Reimbursement of Secretary for administrative
                        services connected with rehabilitation of
                        properties.
                  (c) Activities benefiting persons of low and moderate
                        income.
                  (d) Training program.
                  (e) Guidelines for evaluating and selecting economic
                        development projects.
                  (f) Assistance to for-profit entities.
                  (g) Microenterprise and small business program
                        requirements.
                  (h) Prohibition on use of assistance for employment
                        relocation activities.
    5306. Allocation and distribution of funds.
                  (a) Amounts allocated to Indian tribes, discretionary
                        fund, and metropolitan cities and urban
                        counties; limitations on amount of annual
                        grants.
                  (b) Computation of amount allocated to metropolitan
                        cities and urban counties.
                  (c) Reallocation of undistributed funds within same
                        metropolitan area as original allocation;
                        amount and calculation of reallocation grant;
                        disaster relief.
                  (d) Allocation among States for nonentitlement areas;
                        amount and calculation of grants; distributions
                        by State or Secretary; certain distributions
                        made pursuant to prior provisions;
                        certifications required by Governor enumerated;
                        responsibility for administration and
                        administrative expenses; reallocation;
                        certifications required of units of general
                        local government in nonentitlement areas;
                        applicability of this chapter and other law.
                  (e) Qualification or submission dates, and finality
                        and conclusiveness of computations and
                        determinations.
                  (f) Pro rata adjustment of entitlement amounts.
    5307. Special purpose grants.
                  (a) Set-aside.
                  (b) Permissible uses of funds.
                  (c) Assistance to economically disadvantaged and
                        minority students participating in community
                        development work study programs.
                  (d) Continued availability of unused funds.
                  (e) Satisfactory assurances required, special
                        assurances required of Indian tribes.
                  (f) Criteria for selection of recipients.
    5308. Guarantee and commitment to guarantee loans for acquisition
      of property.
                  (a) Authority of Secretary; issuance of obligations
                        by eligible public entities or designated
                        public agencies; form, denomination, maturity,
                        and conditions of notes or other obligations;
                        percentage allocation requirements.
                  (b) Prerequisites.
                  (c) Payment of principal, interest and costs.
                  (d) Repayment contract; security; pledge by State.
                  (e) Pledged grants for repayments.
                  (f) Full faith and credit of United States pledged
                        for payment; conclusiveness and validity of
                        guarantee.
                  (g) Issuance of obligations by Secretary to Secretary
                        of the Treasury to satisfy authorized guarantee
                        obligations; establishment of maturities and
                        rates of interest and purchase of obligations
                        by Secretary of the Treasury.
                  (h) Federal taxation of guaranteed obligations;
                        grants to borrowing entity or agency of taxable
                        obligations for net interest costs, etc.;
                        limitation on amount of grant; assistance to
                        issuer in hardship cases.
                  (i) Omitted.
                  (j) Inclusion within gross income for purpose of
                        chapter 1 of title 26 of interest paid on
                        taxable obligations.
                  (k) Outstanding obligations; limitation; monitoring
                        use of guarantees under this section.
                  (l) Purchase of guaranteed obligations by Federal
                        Financing Bank.
                  (m) Limitation on imposition of fee or charge.
                  (n) State assistance in submission of applications.
                  (o) ''Eligible public entity'' defined.
                  (p) Training and information activities relating to
                        home guarantee program.
                  (q) Economic development grants.
                  (r) Guarantee of obligations backed by loans.
    5309. Nondiscrimination in programs and activities.
                  (a) Prohibited conduct.
                  (b) Compliance procedures available to Secretary.
                  (c) Civil action by Attorney General.
                  (d) Waiver of race discrimination prohibitions
                        regarding assistance to Hawaiian Home Lands.
    5310. Labor standards; rate of wages; exceptions; enforcement
      powers.
    5311. Remedies for noncompliance with community development
      requirements.
                  (a) Notice and hearing; termination, reduction, or
                        limitation of payments by Secretary.
                  (b) Referral of matters to Attorney General;
                        institution of civil action by Attorney
                        General.
                  (c) Petition for review of action of Secretary in
                        Court of Appeals; filing of record of
                        proceedings in court by Secretary; affirmance,
                        etc., of findings of Secretary; exclusiveness
                        of jurisdiction of court; review by Supreme
                        Court on writ of certiorari or certification.
    5312. Use of grants for settlement of outstanding urban renewal
      loans of units of general local government.
                  (a) Limitation on amounts; prerequisites.
                  (b) Approval by Secretary of financial settlement of
                        urban renewal project.
    5313. Reporting requirements.
    5314. Consultation by Secretary with other Federal departments,
      etc.
    5315. Interstate agreements or compacts; purposes.
    5316. Transition provisions.
                  (a) Prohibition on new grants or loans after January
                        1, 1975; exceptions.
                  (b) Final date in fiscal year for submission of
                        application for grant; establishment by
                        Secretary.
    5317. Liquidation of superseded or inactive programs.
    5318. Urban development action grants.
                  (a) Authorization; purpose; amount.
                  (b) Eligibility of cities and urban counties;
                        criteria and standards; regulations.
                  (c) Applications; documentation of eligibility;
                        proposed plan; assurance of notice and comment;
                        assurance of consideration on historical
                        landmarks.
                  (d) Mandatory selection criteria; award of points;
                        distribution of funds; number of competitions
                        per year; use of distress conditions data by
                        urban counties.
                  (e) Limitations on power of Secretary to approve
                        grants; waiver.
                  (f) Permissibility of consistent but unenumerated
                        activities; report on use of repaid grant funds
                        for economic development activities.
                  (g) Annual review and audit; adjustments, withdrawals
                        and reduction permitted.
                  (h) Limitations on grants for industrial or
                        commercial relocations or expansions; appeal of
                        denial or cancellation of assistance; grants to
                        adversely affected individuals.
                  (i) Minimum percentage of funds to be allocated to
                        certain noncentral cities; application by
                        consortia of cities of less than 50,000
                        population.
                  (j) Grant contingent on factors related to
                        non-Federal funds.
                  (k) Duty of Secretary to minimize amount.
                  (l) Power of Secretary to waive requirement that town
                        or township be closely settled.
                  (m) Notice to State historic preservation officer and
                        Secretary of the Interior required with regard
                        to affected landmark property; opportunity for
                        comment.
                  (n) Territories, tribes, and certain Hawaiian
                        counties included in term ''city''.
                  (o) Special provisions for years after 1983.
                  (p) Unincorporated portions of urban counties.
                  (q) Technical assistance grants.
                  (r) Nondiscrimination by Secretary against type of
                        activity or applicant.
                  (s) Maximum grant amount for fiscal years 1988 and
                        1989.
                  (t) UDAG retention program.
    5318a. John Heinz Neighborhood Development Program.
                  (a) Definitions.
                  (b) Duties of Secretary.
                  (c) Criteria for awarding grants.
                  (d) Consultation with informal working group.
                  (e) Matching funds for participating organizations.
                  (f) Authorization.
                  (g) Short title.
    5319. Community participation in programs.
    5320. Historic preservation requirements.
                  (a) Regulations.
                  (b) Actions by State historic preservation officer
                        and Secretary of the Interior.
                  (c) Regulations by Advisory Council on Historic
                        Preservation providing for expeditious action.
    5321. Suspension of requirements for disaster areas.
 
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                   CHAPTER REFERRED TO IN OTHER SECTIONS
      This chapter is referred to in sections 1437d, 1437ff, 1439,
    1440, 3013, 3533, 3535, 5133, 9816, 11505 of this title; title 12
    sections 1464, 1701x, 1715z, 1715z-13, 1834a; title 40 App. section
    214.
 
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    42 USC Sec. 5301                                             01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5301. Congressional findings and declaration of purpose
 
-STATUTE-
    (a) Critical social, economic, and environmental problems facing
        Nation's urban communities
      The Congress finds and declares that the Nation's cities, towns,
    and smaller urban communities face critical social, economic, and
    environmental problems arising in significant measure from -
        (1) the growth of population in metropolitan and other urban
      areas, and the concentration of persons of lower income in
      central cities;
        (2) inadequate public and private investment and reinvestment
      in housing and other physical facilities, and related public and
      social services, resulting in the growth and persistence of urban
      slums and blight and the marked deterioration of the quality of
      the urban environment; and
        (3) increasing energy costs which have seriously undermined the
      quality and overall effectiveness of local community and housing
      development activities.
    (b) Establishment and maintenance of viable urban communities;
        systematic and sustained action by Federal, State, and local
        governments; expansion of and continuity in Federal assistance;
        increased private investment; streamlining programs and
        improvement of functioning of agencies; action to address
        consequences of scarce fuel supplies
      The Congress further finds and declares that the future welfare
    of the Nation and the well-being of its citizens depend on the
    establishment and maintenance of viable urban communities as
    social, economic, and political entities, and require -
        (1) systematic and sustained action by Federal, State, and
      local governments to eliminate blight, to conserve and renew
      older urban areas, to improve the living environment of low- and
      moderate-income families, and to develop new centers of
      population growth and economic activity;
        (2) substantial expansion of and greater continuity in the
      scope and level of Federal assistance, together with increased
      private investment in support of community development
      activities;
        (3) continuing effort at all levels of government to streamline
      programs and improve the functioning of agencies responsible for
      planning, implementing, and evaluating community development
      efforts; and
        (4) concerted action by Federal, State, and local governments
      to address the economic and social hardships borne by communities
      as a consequence of scarce fuel supplies.
    (c) Decent housing, suitable living environment, and economic
        opportunities for persons of low and moderate income; community
        development activities which may be supported by Federal
        assistance
      The primary objective of this chapter and of the community
    development program of each grantee under this chapter is the
    development of viable urban communities, by providing decent
    housing and a suitable living environment and expanding economic
    opportunities, principally for persons of low and moderate income.
    Consistent with this primary objective, not less than 70 percent of
    the aggregate of the Federal assistance provided to States and
    units of general local government under section 5306 of this title
    and, if applicable, the funds received as a result of a guarantee
    or a grant under section 5308 of this title, shall be used for the
    support of activities that benefit persons of low and moderate
    income, and the Federal assistance provided in this chapter is for
    the support of community development activities which are directed
    toward the following specific objectives -
        (1) the elimination of slums and blight and the prevention of
      blighting influences and the deterioration of property and
      neighborhood and community facilities of importance to the
      welfare of the community, principally persons of low and moderate
      income;
        (2) the elimination of conditions which are detrimental to
      health, safety, and public welfare, through code enforcement,
      demolition, interim rehabilitation assistance, and related
      activities;
        (3) the conservation and expansion of the Nation's housing
      stock in order to provide a decent home and a suitable living
      environment for all persons, but principally those of low and
      moderate income;
        (4) the expansion and improvement of the quantity and quality
      of community services, principally for persons of low and
      moderate income, which are essential for sound community
      development and for the development of viable urban communities;
        (5) a more rational utilization of land and other natural
      resources and the better arrangement of residential, commercial,
      industrial, recreational, and other needed activity centers;
        (6) the reduction of the isolation of income groups within
      communities and geographical areas and the promotion of an
      increase in the diversity and vitality of neighborhoods through
      the spatial deconcentration of housing opportunities for persons
      of lower income and the revitalization of deteriorating or
      deteriorated neighborhoods;
        (7) the restoration and preservation of properties of special
      value for historic, architectural, or esthetic reasons;
        (8) the alleviation of physical and economic distress through
      the stimulation of private investment and community
      revitalization in areas with population outmigration or a
      stagnating or declining tax base; and
        (9) the conservation of the Nation's scarce energy resources,
      improvement of energy efficiency, and the provision of
      alternative and renewable energy sources of supply.
    It is the intent of Congress that the Federal assistance made
    available under this chapter not be utilized to reduce
    substantially the amount of local financial support for community
    development activities below the level of such support prior to the
    availability of such assistance.
    (d) Consolidation of complex and overlapping Federal assistance
        programs into consistent system of Federal aid
      It is also the purpose of this chapter to further the development
    of a national urban growth policy by consolidating a number of
    complex and overlapping programs of financial assistance to
    communities of varying sizes and needs into a consistent system of
    Federal aid which -
        (1) provides assistance on an annual basis, with maximum
      certainty and minimum delay, upon which communities can rely in
      their planning;
        (2) encourages community development activities which are
      consistent with comprehensive local and areawide development
      planning;
        (3) furthers achievement of the national housing goal of a
      decent home and a suitable living environment for every American
      family; and
        (4) fosters the undertaking of housing and community
      development activities in a coordinated and mutually supportive
      manner by Federal agencies and programs, as well as by
      communities.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 101, Aug. 22, 1974, 88 Stat. 633;
    Pub. L. 95-128, title I, Sec. 101, Oct. 12, 1977, 91 Stat. 1111;
    Pub. L. 96-399, title I, Sec. 104(a), Oct. 8, 1980, 94 Stat. 1616;
    Pub. L. 98-181, title I, Sec. 101(a), Nov. 30, 1983, 97 Stat. 1159;
    Pub. L. 100-242, title V, Sec. 502(a), (b), Feb. 5, 1988, 101 Stat.
    1923; Pub. L. 101-625, title IX, Sec. 902(a), 913(a), Nov. 28,
    1990, 104 Stat. 4385, 4392; Pub. L. 103-233, title II, Sec.
    232(a)(2)(A), Apr. 11, 1994, 108 Stat. 367.)
 
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                             REFERENCES IN TEXT
      This chapter, referred to in subsecs. (c) and (d), was in the
    original ''this title'', meaning title I of Pub. L. 93-383, Aug.
    22, 1974, 88 Stat. 633, as amended, which enacted this chapter and
    amended sections 1452b, 1453, and 3311 of this title, section 1701u
    of Title 12, Banks and Banking, and section 711 of former Title 31,
    Money and Finance. For complete classification of this Act to the
    Code, see Short Title note set out below and Tables.
 
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                                 AMENDMENTS
      1994 - Subsec. (c). Pub. L. 103-233 inserted ''or a grant'' after
    ''guarantee'' in second sentence.
      1990 - Subsec. (c). Pub. L. 101-625, Sec. 913(a), inserted ''to
    States and units of general local government'' after first
    reference to ''Federal assistance provided'' in second sentence.
      Pub. L. 101-625, Sec. 902(a), substituted ''70 percent'' for ''60
    percent'' in second sentence.
      1988 - Subsec. (c). Pub. L. 100-242, Sec. 502(a), substituted
    ''60'' for ''51''.
      Subsec. (c)(6). Pub. L. 100-242, Sec. 502(b), struck out ''to
    attract persons of higher income'' before semicolon at end.
      1983 - Subsec. (c). Pub. L. 98-181, Sec. 101(a)(1), inserted
    ''and of the community development program of each grantee under
    this chapter'' in provisions preceding par. (1).
      Pub. L. 98-181, Sec. 101(a)(2), inserted ''not less than 51
    percent of the aggregate of the Federal assistance provided under
    section 5306 of this title and, if applicable, the funds received
    as a result of a guarantee under section 5308 of this title, shall
    be used for the support of activities that benefit persons of low
    and moderate income, and'' in provisions preceding par. (1).
      1980 - Subsec. (a)(3). Pub. L. 96-399, Sec. 104(a)(1)-(3), added
    par. (3).
      Subsec. (b)(4). Pub. L. 96-399, Sec. 104(a)(4)-(6), added par.
    (4).
      Subsec. (c)(9). Pub. L. 96-399, Sec. 104(a)(7)-(9), added par.
    (9).
      1977 - Subsec. (c)(8). Pub. L. 95-128, Sec. 101(a), added par.
    (8).
      Subsec. (d)(4). Pub. L. 95-128, Sec. 101(b), provided that the
    development activities be undertaken by Federal agencies and
    programs as well as by communities.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Section 209 of title II of Pub. L. 103-233 provided that: ''The
    amendments made by this title (enacting sections 5321 and 12840 of
    this title and amending this section and sections 5304, 5305, 5308,
    5318, 12704, 12744, 12745, 12750, 12833, 12838, and 12893 of this
    title) shall apply with respect to any amounts made available to
    carry out title II of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 12721 et seq.) after the date of the
    enactment of this Act (Apr. 11, 1994) and any amounts made
    available to carry out such title before such date of enactment
    that remain uncommitted on such date.  The Secretary shall issue
    any regulations necessary to carry out the amendments made by this
    title not later than the expiration of the 45-day period beginning
    on the date of the enactment of this Act.''
                      EFFECTIVE DATE OF 1992 AMENDMENT
      Pub. L. 102-550, Sec. 2, Oct. 28, 1992, 106 Stat. 3681, provided
    that: ''The provisions of this Act (see Tables for classification)
    and the amendments made by this Act shall take effect and shall
    apply upon the date of the enactment of this Act (Oct. 28, 1992),
    unless such provisions or amendments specifically provide for
    effectiveness or applicability upon another date certain.''
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by section 913(a) of Pub. L. 101-625 applicable to
    amounts approved in any appropriation Act under section 5303 of
    this title for fiscal year 1990 and each fiscal year thereafter,
    see section 913(f) of Pub. L. 101-625, set out as a note under
    section 5306 of this title.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 of this
    title.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Section 114 of title I of Pub. L. 95-128 provided that: ''The
    amendments made by this title (enacting section 5318 of this title,
    amending this section, sections 1452b, 5302 to 5308, and 5313 of
    this title, and section 461 of Title 40, Public Buildings,
    Property, and Works, and enacting provisions set out as a note
    under section 5313 of this title) shall become effective October 1,
    1977.''
                       SHORT TITLE OF 1992 AMENDMENT
      Pub. L. 102-550, Sec. 1(a), Oct. 28, 1992, 106 Stat. 3672,
    provided that: ''This Act (see Tables for classification) may be
    cited as the 'Housing and Community Development Act of 1992'.''
                       SHORT TITLE OF 1988 AMENDMENT
      Section 1(a) of Pub. L. 100-242 provided that: ''This Act (see
    Tables for classification) may be cited as the 'Housing and
    Community Development Act of 1987'.''
                       SHORT TITLE OF 1986 AMENDMENT
      Pub. L. 99-272, title III, Sec. 3001(a), Apr. 7, 1986, 100 Stat.
    101, provided that: ''This title (amending sections 1437b, 1437g,
    1452b, 1483, 1485, 1487, 1490, 1490c, 4026, 4056, 4101, 5302, and
    5308 of this title, and sections 1703, 1715h, 1715l, 1715z,
    1715z-9, 1715z-10, 1715z-14, 1748h-1, 1748h-2, 1749bb, 1749aaa,
    1749bbb, and 2811 of Title 12, Banks and Banking, enacting
    provisions set out as notes under section 5308 of this title, and
    amending provisions set out as a note under section 1701q of Title
    12) may be cited as the 'Housing and Community Development
    Reconciliation Amendments of 1985'.''
                       SHORT TITLE OF 1984 AMENDMENT
      Pub. L. 98-479, Sec. 1, Oct. 17, 1984, 98 Stat. 2218, provided:
    ''That this Act (amending sections 1437a, 1437b, 1437d, 1437f,
    1437h, 1437l, 1437o, 1438 to 1440, 1452, 1455, 1456, 1471, 1472,
    1480, 1481, 1483, 1485, 1487, 1490, 1490a to 1490c, 1493, 2414,
    3337, 3535, 3541, 3936, 3938, 4016, 4017, 4101, 4105, 4124, 4502,
    5302, 5304 to 5306, 5308, 5312, 5317, 5318, 5403, 6863, 8004, 8010,
    and 8107 of this title, sections 1425a, 1457, 1701c, 1701h, 1701q,
    1701s, 1701x, 1701z-2, 1701z-13, 1702, 1705, 1706e, 1709, 1713,
    1715d, 1715h, 1715l, 1715n, 1715y, 1715z, 1715z-1, 1715z-1a,
    1715z-5 to 1715z-9, 1717, 1719, 1721, 1723a, 1723g, 1723h, 1732,
    1735f-5, 1735f-9, 1749, 1749a, 1749c, 1749aaa, 1749aaa-3,
    1749bbb-8, 1749bbb-13, 1749bbb-17, 1750c, 1757, 2706, 2709, 3612,
    and 3618 of Title 12, Banks and Banking, and sections 1635 and 1715
    of Title 15, Commerce and Trade, enacting provisions set out as
    notes under sections 1472 and 5305 of this title and sections
    1715b, 1732 and 3618 of Title 12, and amending provisions set out
    as notes under sections 602, 5316, and 5318 of this title and
    section 1701z-6 of Title 12) may be cited as the 'Housing and
    Community Development Technical Amendments Act of 1984'.''
                       SHORT TITLE OF 1981 AMENDMENT
      Pub. L. 97-35, title III, Sec. 300, Aug. 13, 1981, 95 Stat. 384,
    provided that: ''This subtitle (subtitle A (Sec. 300-371) of title
    III of Pub. L. 97-35, enacting sections 1437j-1, 1437n, and 4028 of
    this title and sections 1701z-14, 1735f-9, 1735f-10, 2294a, and
    3701 to 3717 of Title 12, Banks and Banking, amending sections
    1436a, 1437 to 1437d, 1437f, 1437g, 1437i, 1437j, 1437l, 1439,
    1452b, 1483, 1485, 1487, 1490a, 1490c, 4017, 4026, 4056, 4081,
    4127, 4518, 5302 to 5313, 5316, 5318, 5320, and 8107 of this title
    and sections 1701s, 1701j-2, 1701q, 1701x, 1701z-1, 1701z-14, 1703,
    1706e, 1709-1, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715v,
    1715y, 1715z, 1715z-1, 1715z-1a, 1715z-1b, 1715z-7, 1715z-9,
    1715z-10, 1720, 1721, 1735c, 1748h-1, 1748h-2, 1749bb, 1749aaa,
    1749bbb, and 1749bbb-3 of Title 12, repealing sections 8121 to 8124
    of this title and section 461 of Title 40, Public Buildings,
    Property, and Works, enacting provisions set out as notes under
    1436a, 1437a, 1437f, 4028, 5304, 5305, 5306, 5318 of this title and
    sections 1703, 1720, and 3701 of Title 12, and repealing provisions
    set out as notes under section 8121 of this title and section 1701s
    of Title 12) may be cited as the 'Housing and Community Development
    Amendments of 1981'.''
                       SHORT TITLE OF 1980 AMENDMENT
      Section 1 of Pub. L. 96-399 provided: ''That this Act (enacting
    sections 1436a, 1436b, 1437l, 1437m, 1490j and 5320 of this title,
    sections 1735f-8 and 2809 to 2811 of Title 12, Banks and Banking,
    and sections 3601 to 3616 of Title 15, Commerce and Trade, amending
    this section, sections 1437c, 1437d, 1437f, 1437g, 1437k, 1439,
    1441c, 1452b, 1471, 1472, 1480, 1483 to 1487, 1490a, 1490c to
    1490e, 3535, 4127, 5302 to 5308, 5316 to 5318, 5401 to 5404, 5406
    to 5416, 5419, 5421 to 5423, 5425, 6833, 6835, 8004, 8102, 8105,
    8107, and 8124 of this title, sections 86a, 1425a, 1454, 1701q,
    1701s, 1701u, 1701z-1, 1701z-11, 1703, 1706e, 1707, 1709, 1709-1,
    1713, 1715d, 1715e, 1715h, 1715k, 1715l to 1715n, 1715u to 1715w,
    1715y to 1715z-1, 1715z-1a, 1715z-5 to 1715z-7, 1715z-9, 1715z-10,
    1717, 1720, 1721, 1723e, 1735c, 1735f-7a, 1748h-1, 1748h-2, 1749bb,
    1749aaa and 2803 of Title 12 and sections 461 and 484b of Title 40,
    Public Buildings, Property and Works, repealing section 2809 of
    Title 12, enacting provisions set out as notes under sections 1472,
    3535, 5302, 5313, 5401, 5424 and 8106 of this title, sections 86a,
    1701z-6, 1703, 1715d, 1715z, 1717, 1723a, 1723e and 3305 of Title
    12, section 3601 of Title 15, and section 461 of Title 40, and
    amending provisions set out as notes under section 5401 of this
    title and sections 86a, 1701z-6, 1723e, and 1735f-4 of Title 12)
    may be cited as the 'Housing and Community Development Act of
    1980'.''
                       SHORT TITLE OF 1979 AMENDMENT
      Pub. L. 96-153, Sec. 1, Dec. 21, 1979, 93 Stat. 1101, provided:
    ''That this Act (enacting section 1735f-7 of Title 12, Banks and
    Banking, section 1719a of Title 15, Commerce and Trade, and section
    1437k of this title, amending section 5315 of Title 5, Government
    Organization and Employees, sections 90, 1426, 1431, 1451, 1452,
    1455, 1464, 1701q, 1701s, 1701z-1, 1701z-11, 1703, 1706e, 1709,
    1709-1, 1713, 1715e, 1715h, 1715k, 1715l, 1715m, 1715v, 1715y,
    1715z, 1715z-1, 1715z-1a, 1715z-6, 1715z-7, 1715z-9, 1715z-10,
    1717, 1728, 1735c, 1748h-1, 1748h-2, 1749bb, 1749aaa, 1749bbb,
    1757, 1787, and 1821 of Title 12, sections 1701, 1702, 1703, 1708,
    1709, 1711, 1715, and 1717 of Title 15, section 461 of Title 40,
    Public Buildings, Property, and Works, and sections 1437a, 1437c,
    1437d, 1437f, 1437g, 1439, 1452b, 1471, 1472, 1474, 1479, 1480,
    1483, 1484, 1485, 1486, 1487, 1490a, 1490c, 3533a, 3541, 4026,
    4056, 4127, 5302, 5303, 5304, 5306, 5318, 5419, 8107, 8123, 8124,
    and 8146 of this title, and enacting provisions set out as notes
    under sections 1701, 1701q, 1701s, 1703, 1709, 1723e, and 1728 of
    Title 12, section 1701 of Title 15, and sections 1437a, 1437f, and
    5304 of this title) may be cited as the 'Housing and Community
    Development Amendments of 1979'.''
                       SHORT TITLE OF 1978 AMENDMENT
      Pub. L. 95-557, Sec. 1, Oct. 31, 1978, 92 Stat. 2080, provided
    that: ''This Act (enacting sections 3541, 5319, 8001 to 8010, 8101
    to 8107, 8121 to 8124, and 8141 to 8146 of this title and sections
    1701z-9 to 1701z-13, 1715z-1a, 1715z-1b, 1735f-6, of Title 12,
    Banks and Banking, amending sections 1437a, 1437c, 1437e, 1437f,
    1437g, 1441c, 1452b, 1476, 1480, 1483 to 1487, 1490a, 1490c, 1490e,
    3371, 3535, 4026, 4056, 4127, 4521, 5304, 5305, 5307, 5318 and
    5425, of this title, sections 1454, 1701j-2, 1701q, 1701z-1, 1703,
    1706e, 1709, 1709-1, 1713, 1715h, 1715l, 1715n, 1715y, 1715z,
    1715z-1, 1715z-5, 1715z-6, 1715z-9, 1715z-10, 1715z-11, 1715w,
    1717, 1720, 1735c, 1748h-1, 1748h-2, 1749bb, 1749aaa, 1749bbb, and
    1749bbb-3 of Title 12, section 1702 of Title 15, Commerce and
    Trade, and sections 461 and 484b of Title 40, Public Buildings,
    Property, and Works, and enacting provisions set out as notes under
    sections 1437c, 1437f, 1441, 1476, 1480, 5313, 8001, 8101, 8121,
    and 8141 of this title and sections 1454, 1701z-6, 1701z-9, 1709,
    1715z-1, and 1723e of Title 12) may be cited as the 'Housing and
    Community Development Amendments of 1978'.''
                       SHORT TITLE OF 1977 AMENDMENT
      Section 1 of Pub. L. 95-128 provided that: ''This Act (enacting
    sections 3540 and 5318 of this title and sections 2901 to 2905 of
    Title 12, Banks and Banking, amending this section, sections 1437c,
    1437f, 1437g, 1439, 1452b, 1471, 1472, 1476, 1479, 1483 to 1485,
    1487, 1490a, 1490c, 1490h, 3533, 4003, 4013, 4026, 4056, 4103 to
    4106, 4127, 4501 to 4503, 4521, 5302 to 5308, 5313, 5403, and 5409
    of this title, sections 355, 1430, 1454, 1464, 1701q, 1701x,
    1701z-1, 1703, 1706e, 1709, 1709-1, 1715h, 1715k to 1715m, 1715w,
    1715y, 1715z, 1715z-1, 1715z-3, 1715z-7, 1715z-9, 1715z-10, 1717,
    1723a, 1723e, 1748h-1, 1748h-2, 1749bb, and 1749aaa of Title 12,
    and section 461 of Title 40, Public Buildings, Property, and Works,
    and enacting provisions set out as notes under this section,
    sections 1421b, 1437d, 1490h, 4501, and 5313 of this title, and
    sections 1715z-1, 1723e of Title 12) may be cited as the 'Housing
    and Community Development Act of 1977'.''
                                SHORT TITLE
      Section 1 of Pub. L. 93-383 provided: ''That this Act (enacting
    this chapter, sections 1701j-2, 1701l-1, 1701z-5, 1701z-6, 1706e,
    1715z-9 to 1715z-11, and 1735f-3 to 1735f-5 of Title 12, Banks and
    Banking, section 803a of Title 20, Education, and sections 1437 to
    1437j, 1438 to 1440, 1490e to 1490g, 4104a, and 5401 to 5426 of
    this title, amending sections 5315 and 5316 of Title 5, Government
    Organization and Employees, sections 24, 371, 1431, 1436, 1454,
    1464, 1701q, 1701u, 1701x, 1701z-3, 1703, 1709, 1709-1, 1713,
    1715e, 1715h, 1715k to 1715n, 1715v, 1715w, 1715y, 1715z, 1715z-1,
    1715z-3, 1715z-6, 1715z-7, 1717, 1718, 1719, 1723a, 1735b, 1748h-1,
    1748h-2, 1749bb, 1749aaa, 1749aaa-4, 1749aaa-5, 1757, 1759, 1761b,
    1761d, 1763, 1772, 1782, 1786, and 1788 of Title 12, sections 1701
    to 1703 of Title 15, Commerce and Trade, sections 801, 802, and 806
    of Title 20, section 711 of former Title 31, Money and Finance,
    sections 460 and 461 of Title 40, Public Buildings, Property, and
    Works, sections 1441a, 1441c, 1452b, 1453, 1471, 1472, 1474, 1476
    to 1478, 1483, 1485, 1487, 1490, 1490a, 1490c, 1490d, 1586, 3311,
    3533, 3604 to 3606, 3631, 4014, 4512, 4514 to 4516, 4519, and 4532
    of this title, and sections 1602 and 1602a of former Title 49,
    Transportation, repealing sections 1411d and 1455a of this title,
    and enacting provisions set out as notes under this section,
    sections 1464, 1701q, 1715l, 1715z-1, 1716b, and 1723a of Title 12,
    section 1703 of Title 15, sections 1410, 1421b, 1437, 1437a, 1437f,
    3532, and 5401 of this title, and section 1602a of former Title 49)
    may be cited as the 'Housing and Community Development Act of
    1974'.''
               INCOME ELIGIBILITY FOR HOME AND CDBG PROGRAMS
      Pub. L. 105-276, title V, Sec. 590, Oct. 21, 1998, 112 Stat.
    2651, provided that:
      ''(a) In General. - The Secretary of Housing and Urban
    Development shall, for not less than 10 jurisdictions that are
    metropolitan cities or urban counties for purposes of title I of
    the Housing and Community Development Act of 1974 (42 U.S.C. 5301
    et seq.), grant exceptions not later than 90 days after the date of
    the enactment of this Act (Oct. 21, 1998) for such jurisdictions
    that provide that -
        ''(1) for purposes of the HOME investment partnerships program
      under title II of the Cranston-Gonzalez National Affordable
      Housing Act (42 U.S.C. 12721 et seq.), the limitation based on
      percentage of median income that is applicable under section
      104(10), 214(1)(A), or 215(a)(1)(A) (42 U.S.C. 12704(10),
      12744(1)(A), 12745(a)(1)(A)) for any area of the jurisdiction
      shall be the numerical percentage that is specified in such
      section; and
        ''(2) for purposes of the community development block grant
      program under title I of the Housing and Community Development
      Act of 1974 (42 U.S.C. 5301 et seq.), the limitation based on
      percentage of median income that is applicable pursuant to
      section 102(a)(20) (42 U.S.C. 5302(a)(20)) for any area within
      the State or unit of general local government shall be the
      numerical percentage that is specified in subparagraph (A) of
      such section.
      ''(b) Effective Date. - This section shall take effect on the
    date of the enactment of this Act (Oct. 21, 1998).''
                            FINDINGS AND PURPOSE
      Section 2 of Pub. L. 100-242 provided that:
      ''(a) Findings. - The Congress finds that -
        ''(1) for the past 50 years, the Federal Government has taken
      the leading role in enabling the people of the Nation to be the
      best housed in the world, and recent reductions in Federal
      assistance have contributed to a deepening housing crisis for
      low- and moderate-income families;
        ''(2) the efforts of the Federal Government have included a
      system of specialized lending institutions, favorable tax
      policies, construction assistance, mortgage insurance, loan
      guarantees, secondary markets, and interest and rental subsidies,
      that have enabled people to rent or buy affordable, decent, safe,
      and sanitary housing; and
        ''(3) the tragedy of homelessness in urban and suburban
      communities across the Nation, involving a record number of
      people, dramatically demonstrates the lack of affordable
      residential shelter, and people living on the economic margins of
      our society (lower income families, the elderly, the working
      poor, and the deinstitutionalized) have few available
      alternatives for shelter.
      ''(b) Purpose. - The purpose of this Act (see Short Title of 1988
    Amendment note above), therefore, is -
        ''(1) to reaffirm the principle that decent and affordable
      shelter is a basic necessity, and the general welfare of the
      Nation and the health and living standards of its people require
      the addition of new housing units to remedy a serious shortage of
      housing units for all Americans, particularly for persons of low
      and moderate income;
        ''(2) to make the distribution of direct and indirect housing
      assistance more equitable by providing Federal assistance for the
      less affluent people of the Nation;
        ''(3) to provide needed housing assistance for homeless people
      and for persons of low and moderate income who lack affordable,
      decent, safe, and sanitary housing; and
        ''(4) to reform existing programs to ensure that such
      assistance is delivered in the most efficient manner possible.''
                             BUDGET COMPLIANCE
      Section 3 of Pub. L. 100-242 provided that:
      ''(a) In General. - This Act and the amendments made by this Act
    (see Short Title of 1988 Amendment note above) may not be construed
    to provide for new budget authority, budget outlays, or new
    entitlement authority, for fiscal year 1988 in excess of the
    appropriate aggregate levels established by the concurrent
    resolution on the budget for such fiscal year for the programs
    authorized by this Act and the amendments made by this Act.
      ''(b) Definitions. - For purposes of this section, the terms
    'budget authority', 'budget outlays', 'concurrent resolution on the
    budget', and 'entitlement authority' have the meanings given such
    terms in section 3 of the Congressional Budget Act of 1974 (2
    U.S.C. 622).''
                             CREDIT LIMITATION
      Section 4 of Pub. L. 100-242 provided that: ''Any new credit
    authority (as defined in section 3 of the Congressional Budget Act
    of 1974 (2 U.S.C. 622)) which is provided by this Act (see Short
    Title of 1988 Amendment note above), or by an amendment made by
    this Act, shall be effective only to such extent or in such amounts
    as are provided in appropriation Acts.''
                      LIMITATION ON SPENDING AUTHORITY
      Section 5 of Pub. L. 100-242 provided that: ''Any new spending
    authority (as defined in section 401(c) of the Congressional Budget
    Act of 1974 (2 U.S.C. 651(c))) which is provided by this Act, or by
    an amendment made by this Act (see Short Title of 1988 Amendment
    note above), shall be effective only to such extent or in such
    amounts as are provided in appropriation Acts.''
          LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE
      Section 817 of Pub. L. 93-383, as amended by Pub. L. 98-181,
    title III, Sec. 302(c), Nov. 30, 1983, 97 Stat. 1206, provided
    that: ''Assistance provided for in this Act (see Short Title note
    above) the National Housing Act, (12 U.S.C. 1701 et seq.), the
    United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), the
    Housing Act of 1949 (42 U.S.C. 1441 et seq.), the Demonstration
    Cities and Metropolitan Development Act of 1966 (see Short Title
    note set out under section 3301 of this title), the Housing and
    Urban Development Acts of 1965, 1968, 1969, and 1970 (see Short
    Title notes set out under section 1701 of Title 12, Banks and
    Banking), and section 17 of the United States Housing Act of 1937
    (42 U.S.C. 1437o) shall not be withheld or made subject to
    conditions or preference by reason of the tax-exempt status of
    bonds or other obligations issued or to be issued to provide
    financing for use in connection with such assistance, except where
    otherwise expressly provided or authorized by law.''
 
-SECREF-
                     ACT REFERRED TO IN OTHER SECTIONS
      The Housing and Community Development Act of 1974 is referred to
    in sections 12705, 12706 of this title; title 12 sections 4707,
    4712; title 25 section 1632.
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 5305 of this title.
 
-CITE-
    42 USC Sec. 5302                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5302. General provisions
 
-STATUTE-
    (a) Definitions
      As used in this chapter -
        (1) The term ''unit of general local government'' means any
      city, county, town, township, parish, village, or other general
      purpose political subdivision of a State; Guam, the Northern
      Mariana Islands, the Virgin Islands, and American Samoa, or a
      general purpose political subdivision thereof; a combination of
      such political subdivisions that, except as provided in section
      5306(d)(4) of this title, is recognized by the Secretary; the
      District of Columbia; and the Trust Territory of the Pacific
      Islands. Such term also includes a State or a local public body
      or agency (as defined in section 4512 (FOOTNOTE 1) of this
      title), community association, or other entity, which is approved
      by the Secretary for the purpose of providing public facilities
      or services to a new community as part of a program meeting the
      eligibility standards of section 4513 (FOOTNOTE 1) of this title
      or title IV of the Housing and Urban Development Act of 1968 (42
      U.S.C. 3901 et seq.).
       (FOOTNOTE 1) See References in Text note below.
        (2) The term ''State'' means any State of the United States, or
      any instrumentality thereof approved by the Governor; and the
      Commonwealth of Puerto Rico.
        (3) The term ''metropolitan area'' means a standard
      metropolitan statistical area as established by the Office of
      Management and Budget.
        (4) The term ''metropolitan city'' means (A) a city within a
      metropolitan area which is the central city of such area, as
      defined and used by the Office of Management and Budget, or (B)
      any other city, within a metropolitan area, which has a
      population of fifty thousand or more.  Any city that was
      classified as a metropolitan city for at least 2 years pursuant
      to the first sentence of this paragraph shall remain classified
      as a metropolitan city.  Any unit of general local government
      that becomes eligible to be classified as a metropolitan city,
      and was not classified as a metropolitan city in the immediately
      preceding fiscal year, may, upon submission of written
      notification to the Secretary, defer its classification as a
      metropolitan city for all purposes under this chapter, if it
      elects to have its population included in an urban county under
      subsection (d) of this section.  Notwithstanding the second
      sentence of this paragraph, a city may elect not to retain its
      classification as a metropolitan city.  Any city classified as a
      metropolitan city pursuant to this paragraph, and that no longer
      qualifies as a metropolitan city in a fiscal year beginning after
      fiscal year 1989, shall retain its classification as a
      metropolitan city for such fiscal year and the succeeding fiscal
      year, except that in such succeeding fiscal year (A) the amount
      of the grant to such city shall be 50 percent of the amount
      calculated under section 5306(b) of this title; and (B) the
      remaining 50 percent shall be added to the amount allocated under
      section 5306(d) of this title to the State in which the city is
      located and the city shall be eligible in such succeeding fiscal
      year to receive a distribution from the State allocation under
      section 5306(d) of this title as increased by this sentence.  Any
      unit of general local government that was classified as a
      metropolitan city in any fiscal year, may, upon submission of
      written notification to the Secretary, relinquish such
      classification for all purposes under this chapter if it elects
      to have its population included with the population of a county
      for purposes of qualifying for assistance (for such following
      fiscal year) under section 5306 of this title as an urban county
      under paragraph (6)(D). Any metropolitan city that elects to
      relinquish its classification under the preceding sentence and
      whose port authority shipped at least 35,000,000 tons of cargo in
      1988, of which iron ore made up at least half, shall not receive,
      in any fiscal year, a total amount of assistance under section
      5306 of this title from the urban county recipient that is less
      than the city would have received if it had not relinquished the
      classification under the preceding sentence.
        (5) The term ''city'' means (A) any unit of general local
      government which is classified as a municipality by the United
      States Bureau of the Census or (B) any other unit of general
      local government which is a town or township and which, in the
      determination of the Secretary, (i) possesses powers and performs
      functions comparable to these associated with municipalities,
      (ii) is closely settled, and (iii) contains within its boundaries
      no incorporated places as defined by the United States Bureau of
      the Census which have not entered into cooperation agreements
      with such town or township to undertake or to assist in the
      undertaking of essential community development and housing
      assistance activities.
        (6)(A) The term ''urban county'' means any county within a
      metropolitan area which -
          (i) is authorized under State law to undertake essential
        community development and housing assistance activities in its
        unincorporated areas, if any, which are not units of general
        local government; and
          (ii) either -
            (I) has a population of 200,000 or more (excluding the
          population of metropolitan cities therein) and has a combined
          population of 100,000 or more (excluding the population of
          metropolitan cities therein) in such unincorporated areas and
          in its included units of general local government (and in the
          case of counties having a combined population of less than
          200,000, the areas and units of general local government must
          include the areas and units of general local government which
          in the aggregate have the preponderance of the persons of low
          and moderate income who reside in the county) (a) in which it
          has authority to undertake essential community development
          and housing assistance activities and which do not elect to
          have their population excluded, or (b) with which it has
          entered into cooperation agreements to undertake or to assist
          in the undertaking of essential community development and
          housing assistance activities; or
            (II) has a population in excess of 100,000, a population
          density of at least 5,000 persons per square mile, and
          contains within its boundaries no incorporated places as
          defined by the United States Bureau of the Census.
        (B) Any county that was classified as an urban county for at
      least 2 years pursuant to subparagraph (A), (C), or (D) shall
      remain classified as an urban county, unless it fails to qualify
      as an urban county pursuant to subparagraph (A) by reason of the
      election of any unit of general local government included in such
      county to have its population excluded under clause (ii)(I)(a) of
      subparagraph (A) or not to renew a cooperation agreement under
      clause (ii)(I)(b) of such subparagraph.
        (C) Notwithstanding the combined population amount set forth in
      clause (ii) of subparagraph (A), a county shall also qualify as
      an urban county for purposes of assistance under section 5306 of
      this title if such county -
          (i) complies with all other requirements set forth in the
        first sentence;
          (ii) has, according to the most recent available decennial
        census data, a combined population between 190,000 and 199,999,
        inclusive (excluding the population of metropolitan cities
        therein) in all its unincorporated areas that are not units of
        general local government and in all units of general local
        government located within such county;
          (iii) had a population growth rate of not less than 15
        percent during the most recent 10-year period measured by
        applicable censuses; and
          (iv) has submitted data satisfactory to the Secretary that it
        has a combined population of not less than 200,000 (excluding
        the population of metropolitan cities therein) in all its
        unincorporated areas that are not units of general local
        government and in all units of general local government located
        within such county.
        (D) Such term also includes a county that -
          (i) has a combined population in excess of 175,000, has more
        than 50 percent of the housing units of the area unsewered, and
        has an aquifer that was designated before March 1, 1987, a sole
        source aquifer by the Environmental Protection Agency;
          (ii) has taken steps, which include at least one public
        referendum, to consolidate substantial public services with an
        adjoining metropolitan city, and in the opinion of the
        Secretary, has consolidated these services with the city in an
        effort that is expected to result in the unification of the two
        governments within 6 years of February 5, 1988;
          (iii) had a population between 180,000 and 200,000 on October
        1, 1987, was eligible for assistance under section 5318 of this
        title in fiscal year 1986, and does not contain any
        metropolitan cities;
          (iv) has entered into a local cooperation agreement with a
        metropolitan city that received assistance under section 5306
        of this title because of such classification, and has elected
        under paragraph (4) to have its population included with the
        population of the county for purposes of qualifying as an urban
        county; except that to qualify as an urban county under this
        clause (I) the county must have a combined population of not
        less than 195,000, (II) more than 15 percent of the residents
        of the county shall be 60 years of age or older (according to
        the most recent decennial census data), (III) not less than 20
        percent of the total personal income in the county shall be
        from pensions, social security, disability, and other transfer
        programs, and (IV) not less than 40 percent of the land within
        the county shall be publicly owned and not subject to property
        tax levies;
          (v)(I) has a population of 175,000 or more (including the
        population of metropolitan cities therein), (II) before January
        1, 1975, was designated by the Secretary of Defense pursuant to
        section 608 of the Military Construction Authorization Act,
        1975 (Public Law 93-552; 88 Stat. 1763), as a Trident Defense
        Impact Area, and (III) has located therein not less than 1 unit
        of general local government that was classified as a
        metropolitan city and (a) for which county each such unit of
        general local government therein has relinquished its
        classification as a metropolitan city under the 6th sentence of
        paragraph (4), or (b) that has entered into cooperative
        agreements with each metropolitan city therein to undertake or
        to assist in the undertaking of essential community development
        and housing assistance activities; or
          (vi) has entered into a local cooperation agreement with a
        metropolitan city that received assistance under section 5306
        of this title because of such classification, and has elected
        under paragraph (4) to have its population included with the
        population of the county for the purposes of qualifying as an
        urban county, except that to qualify as an urban county under
        this clause, the county must -
            (I) have a combined population of not less than 210,000,
          excluding any metropolitan city located in the county that is
          not relinquishing its metropolitan city classification,
          according to the 1990 decennial census of the Bureau of the
          Census of the Department of Commerce;
            (II) including any metropolitan cities located in the
          county, have had a decrease in population of 10,061 from 1992
          to 1994, according to the estimates of the Bureau of the
          Census of the Department of Commerce; and
            (III) have had a Federal naval installation that was more
          than 100 years old closed by action of the Base Closure and
          Realignment Commission appointed for 1993 under the Base
          Closure and Realignment Act of 1990, directly resulting in a
          loss of employment by more than 7,000 Federal Government
          civilian employees and more than 15,000 active duty military
          personnel, which naval installation was located within one
          mile of an enterprise community designated by the Secretary
          pursuant to section 1391 of title 26, which enterprise
          community has a population of not less than 20,000, according
          to the 1990 decennial census of the Bureau of the Census of
          the Department of Commerce.
        (E) Any county classified as an urban county pursuant to
      subparagraph (A), (B), or (C) of this paragraph, and that no
      longer qualifies as an urban county under such subparagraph in a
      fiscal year beginning after fiscal year 1989, shall retain its
      classification as an urban county for such fiscal year and the
      succeeding fiscal year, except that in such succeeding fiscal
      year (i) the amount of the grant to such an urban county shall be
      50 percent of the amount calculated under section 5306(b) of this
      title; and (ii) the remaining 50 percent shall be added to the
      amount allocated under section 5306(d) of this title to the State
      in which the urban county is located and the urban county shall
      be eligible in such succeeding fiscal year to receive a
      distribution from the State allocation under section 5306(d) of
      this title as increased by this sentence.
        (7) The term ''nonentitlement area'' means an area which is not
      a metropolitan city or part of an urban county and does not
      include Indian tribes.
        (8) The term ''population'' means total resident population
      based on data compiled by the United States Bureau of the Census
      and referable to the same point or period in time.
        (9) The term ''extent of poverty'' means the number of persons
      whose incomes are below the poverty level.  Poverty levels shall
      be determined by the Secretary pursuant to criteria provided by
      the Office of Management and Budget, taking into account and
      making adjustments, if feasible and appropriate and in the sole
      discretion of the Secretary, for regional or area variations in
      income and cost of living, and shall be based on data referable
      to the same point or period in time.
        (10) The term ''extent of housing overcrowding'' means the
      number of housing units with 1.01 or more persons per room based
      on data compiled by the United States Bureau of the Census and
      referable to the same point or period in time.
        (11) The term ''age of housing'' means the number of existing
      housing units constructed in 1939 or earlier based on data
      compiled by the United States Bureau of the Census and referable
      to the same point or period in time.
        (12) The term ''extent of growth lag'' means the number of
      persons who would have been residents in a metropolitan city or
      urban county, in excess of the current population of such
      metropolitan city or urban county, if such metropolitan city or
      urban county had had a population growth rate between 1960 and
      the date of the most recent population count referable to the
      same point or period in time equal to the population growth rate
      for such period of all metropolitan cities.  Where the boundaries
      for a metropolitan city or urban county used for the 1980 census
      have changed as a result of annexation, the current population
      used to compute extent of growth lag shall be adjusted by
      multiplying the current population by the ratio of the population
      based on the 1980 census within the boundaries used for the 1980
      census to the population based on the 1980 census within the
      current boundaries.
        (13) The term ''housing stock'' means the number of existing
      housing units based on data compiled by the United States Bureau
      of the Census and referable to the same point or period in time.
        (14) The term ''adjustment factor'' means the ratio between the
      age of housing in the metropolitan city or urban county and the
      predicted age of housing in such city or county.
        (15) The term ''predicted age of housing'' means the arithmetic
      product of the housing stock in the metropolitan city or urban
      county multiplied times the ratio between the age of housing in
      all metropolitan areas and the housing stock in all metropolitan
      areas.
        (16) The term ''adjusted age of housing'' means the arithmetic
      product of the age of housing in the metropolitan city or urban
      county multiplied times the adjustment factor.
        (17) The term ''Indian tribe'' means any Indian tribe, band,
      group, and nation, including Alaska Indians, Aleuts, and Eskimos,
      and any Alaskan Native Village, of the United States, which is
      considered an eligible recipient under the Indian
      Self-Determination and Education Assistance Act (Public Law
      93-638) (25 U.S.C. 450 et seq.) or was considered an eligible
      recipient under chapter 67 of title 31 prior to the repeal of
      such chapter.
        (18) The term ''Federal grant-in-aid program'' means a program
      of Federal financial assistance other than loans and other than
      the assistance provided by this chapter.
        (19) The term ''Secretary'' means the Secretary of Housing and
      Urban Development.
        (20)(A) The terms ''persons of low and moderate income'' and
      ''low- and moderate-income persons'' mean families and
      individuals whose incomes do not exceed 80 percent of the median
      income of the area involved, as determined by the Secretary with
      adjustments for smaller and larger families.  The term ''persons
      of low income'' means families and individuals whose incomes do
      not exceed 50 percent of the median income of the area involved,
      as determined by the Secretary with adjustments for smaller and
      larger families.  The term ''persons of moderate income'' means
      families and individuals whose incomes exceed 50 percent, but do
      not exceed 80 percent, of the median income of the area involved,
      as determined by the Secretary with adjustments for smaller and
      larger families.  For purposes of such terms, the area involved
      shall be determined in the same manner as such area is determined
      for purposes of assistance under section 1437f of this title.
        (B) The Secretary may establish percentages of median income
      for any area that are higher or lower than the percentages set
      forth in subparagraph (A), if the Secretary finds such variations
      to be necessary because of unusually high or low family incomes
      in such area.
        (21) The term ''buildings for the general conduct of
      government'' means city halls, county administrative buildings,
      State capitol or office buildings, or other facilities in which
      the legislative or general administrative affairs of the
      government are conducted.  Such term does not include such
      facilities as neighborhood service centers or special purpose
      buildings located in low- and moderate-income areas that house
      various nonlegislative functions or services provided by
      government at decentralized locations.
        (22) The term ''microenterprise'' means a commercial enterprise
      that has 5 or fewer employees, 1 or more of whom owns the
      enterprise.
        (23) The term ''small business'' means a business that meets
      the criteria set forth in section 632(a) of title 15.
    (b) Basis and modification of definitions
      Where appropriate, the definitions in subsection (a) of this
    section shall be based, with respect to any fiscal year, on the
    most recent data compiled by the United States Bureau of the Census
    and the latest published reports of the Office of Management and
    Budget available ninety days prior to the beginning of such fiscal
    year.  The Secretary may by regulation change or otherwise modify
    the meaning of the terms defined in subsection (a) of this section
    in order to reflect any technical change or modification thereof
    made subsequent to such date by the United States Bureau of the
    Census or the Office of Management and Budget.
    (c) Designation of public agencies
      One or more public agencies, including existing local public
    agencies, may be designated by the chief executive officer of a
    State or a unit of general local government to undertake activities
    assisted under this chapter.
    (d) Local governments, inclusion in urban county population
      With respect to program years beginning with the program year for
    which grants are made available from amounts appropriated for
    fiscal year 1982 under section 5303 of this title, the population
    of any unit of general local government which is included in that
    of an urban county as provided in subparagraph (A)(ii) or (D) of
    subsection (a)(6) of this section shall be included in the
    population of such urban county for three program years beginning
    with the program year in which its population was first so included
    and shall not otherwise be eligible for a grant under section 5306
    of this title as a separate entity, unless the urban county does
    not receive a grant for any year during such three-year period.
    (e) Exclusion of local governments from urban county population;
        notification of election
      Any county seeking qualification as an urban county, including
    any urban county seeking to continue such qualification, shall
    notify, as provided in this subsection, each unit of general local
    government, which is included therein and is eligible to elect to
    have its population excluded from that of an urban county under
    subsection (a)(6)(A)(ii)(I)(a) of this section, of its opportunity
    to make such an election.  Such notification shall, at a time and
    in a manner prescribed by the Secretary, be provided so as to
    provide a reasonable period for response prior to the period for
    which such qualification is sought.  The population of any unit of
    general local government which is provided such notification and
    which does not inform, at a time and in a manner prescribed by the
    Secretary, the county of its election to exclude its population
    from that of the county shall, if the county qualifies as an urban
    county, be included in the population of such urban county as
    provided in subsection (d) of this section.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 102, Aug. 22, 1974, 88 Stat. 635;
    Pub. L. 95-128, title I, Sec. 102, Oct. 12, 1977, 91 Stat. 1111;
    Pub. L. 96-153, title I, Sec. 103(f), Dec. 21, 1979, 93 Stat. 1102;
    Pub. L. 96-399, title I, Sec. 101(a), (b)(1), (c), 111(a), Oct. 8,
    1980, 94 Stat. 1614, 1620; Pub. L. 97-35, title III, Sec.
    309(a)-(c), 310, Aug. 13, 1981, 95 Stat. 396, 397; Pub. L. 97-289,
    Sec. 5, Oct. 6, 1982, 96 Stat. 1231; Pub. L. 98-181, title I, Sec.
    102, Nov. 30, 1983, 97 Stat. 1159; Pub. L. 98-479, title I, Sec.
    101(a)(1)-(4), title II, Sec. 203(l)(1), Oct. 17, 1984, 98 Stat.
    2218, 2219, 2231; Pub. L. 99-120, Sec. 5(a), Oct. 8, 1985, 99 Stat.
    504; Pub. L. 99-156, Sec. 5(a), Nov. 15, 1985, 99 Stat. 816; Pub.
    L. 99-219, Sec. 5(a), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99-267,
    Sec. 5(a), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99-272, title III,
    Sec. 3011(a), title XIV, Sec. 14001(b)(3), Apr. 7, 1986, 100 Stat.
    106, 328; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412;
    Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L.
    99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-77, title IV,
    Sec. 442, July 22, 1987, 101 Stat. 509; Pub. L. 100-122, Sec. 1,
    Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101
    Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L.
    100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21,
    1987, 101 Stat. 1327; Pub. L. 100-202, Sec. 101(f) (title I, Sec.
    101), Dec. 22, 1987, 101 Stat. 1329-187, 1329-193; Pub. L. 100-242,
    title V, Sec. 503, Feb. 5, 1988, 101 Stat. 1923; Pub. L. 100-628,
    title X, Sec. 1081, 1082(a), Nov. 7, 1988, 102 Stat. 3276, 3277;
    Pub. L. 101-235, title VII, Sec. 702(a), Dec. 15, 1989, 103 Stat.
    2056; Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1370; Pub.
    L. 101-625, title IX, Sec. 903(a)-(c)(2), 904(a), Nov. 28, 1990,
    104 Stat. 4385-4387; Pub. L. 102-550, title VIII, Sec. 802(a), 803,
    807(c)(2), Oct. 28, 1992, 106 Stat. 3845, 3849; Pub. L. 104-204,
    title II, Sec. 216, Sept. 26, 1996, 110 Stat. 2904.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Sections 4512 and 4513 of this title, referred to in subsec.
    (a)(1), were repealed by Pub. L. 98-181, title IV, Sec. 474(e),
    Nov. 30, 1983, 97 Stat. 1239.
      The Housing and Urban Development Act of 1968, referred to in
    subsec. (a)(1), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as
    amended.  Title IV of the Housing and Urban Development Act of
    1968, which was classified principally to chapter 48 (Sec. 3901 et
    seq.) of this title, was repealed, with certain exceptions which
    were omitted from the Code, by Pub. L. 98-181, title IV, Sec.
    474(e), Nov. 30, 1983, 97 Stat. 1239. For complete classification
    of this Act to the Code, see Short Title of 1968 Amendment note set
    out under section 1701 of Title 12, Banks and Banking, and Tables.
      Section 608 of the Military Construction Authorization Act, 1975,
    referred to in subsec. (a)(6)(D)(v)(II), is not classified to the
    Code.
      The Base Closure and Realignment Act of 1990, referred to in
    subsec. (a)(6)(D)(vi)(III), probably means the Defense Base Closure
    and Realignment Act of 1990, which is part A of title XXIX of div.
    B of Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1808, as amended, and
    which is set out as a note under section 2687 of Title 10, Armed
    Forces. For complete classification of this Act to the Code, see
    Tables.
      The Indian Self-Determination and Education Assistance Act,
    referred to in subsec. (a)(17), is Pub. L. 93-638, Jan. 4, 1975, 88
    Stat. 2203, as amended, which is classified principally to
    subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25,
    Indians. For complete classification of this Act to the Code, see
    Short Title note set out under section 450 of Title 25 and Tables.
      Chapter 67 of title 31, referred to in subsec. (a)(17), was
    repealed by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7,
    1986, 100 Stat. 327.
 
-MISC2-
                                 AMENDMENTS
      1996 - Subsec. (a)(6)(D)(vi). Pub. L. 104-204 added cl. (vi).
      1992 - Subsec. (a)(1). Pub. L. 102-550, Sec. 802(a), substituted
    ''that, except as provided in section 5306(d)(4) of this title, is
    recognized by the Secretary'' for ''recognized by the Secretary''.
      Subsec. (a)(6)(D)(v). Pub. L. 102-550, Sec. 803, added cl. (v).
      Subsec. (a)(22), (23). Pub. L. 102-550, Sec. 807(c)(2), added
    pars. (22) and (23).
      1990 - Subsec. (a)(4). Pub. L. 101-625, Sec. 903(c)(1), inserted
    at end ''Any unit of general local government that was classified
    as a metropolitan city in any fiscal year, may, upon submission of
    written notification to the Secretary, relinquish such
    classification for all purposes under this chapter if it elects to
    have its population included with the population of a county for
    purposes of qualifying for assistance (for such following fiscal
    year) under section 5306 of this title as an urban county under
    paragraph (6)(D). Any metropolitan city that elects to relinquish
    its classification under the preceding sentence and whose port
    authority shipped at least 35,000,000 tons of cargo in 1988, of
    which iron ore made up at least half, shall not receive, in any
    fiscal year, a total amount of assistance under section 5306 of
    this title from the urban county recipient that is less than the
    city would have received if it had not relinquished the
    classification under the preceding sentence.''
      Pub. L. 101-625, Sec. 903(a), substituted ''Any city that was
    classified as a metropolitan city for at least 2 years pursuant to
    the first sentence of this paragraph shall remain classified as a
    metropolitan city.'' for ''In order to permit an orderly transition
    of each city losing its classification as a metropolitan city by
    reason of a decrease in population or revisions in the designation
    of metropolitan areas or central cities, any city classified as or
    deemed by law to be a metropolitan city for purposes of assistance
    under any section of this chapter for fiscal year 1983 or any
    subsequent fiscal year shall retain such qualification for purposes
    of receiving such assistance through September 30, 1989.'', struck
    out ''for fiscal year 1988 or 1989'' before period at end of fourth
    sentence, and in last sentence struck out ''the first or second
    sentence of'' before ''this paragraph'' and ''under such first or
    second sentence'' after ''qualifies as a metropolitan city''.
      Subsec. (a)(6)(B). Pub. L. 101-625, Sec. 903(b), amended subpar.
    (B) generally.  Prior to amendment, subpar. (B) read as follows:
    ''In order to permit an orderly transition of each county losing
    its classification as an urban county by reason of a decrease in
    population, any county classified as or deemed to be an urban
    county under this paragraph for purposes of receiving assistance
    under any section of this chapter for fiscal year 1983 or
    subsequent years shall retain such qualification for purposes of
    receiving such assistance through September 30, 1989, or for such
    longer period covered by a cooperation agreement entered into
    during fiscal year 1984, except that the provisions of this
    subparagraph shall not apply with respect to any county losing its
    classification as an urban county by reason of the election of any
    unit of general local government included in such county to have
    its population excluded under clause (ii)(I)(a) of subparagraph (A)
    or to not renew a cooperation agreement under clause (ii)(I)(b) of
    such subparagraph.''
      Subsec. (a)(6)(D)(iv). Pub. L. 101-625, Sec. 903(c)(2), added cl.
    (iv).
      Subsec. (a)(12). Pub. L. 101-507 and Pub. L. 101-625, Sec.
    904(a), amended par. (12) identically, inserting at end ''Where the
    boundaries for a metropolitan city or urban county used for the
    1980 census have changed as a result of annexation, the current
    population used to compute extent of growth lag shall be adjusted
    by multiplying the current population by the ratio of the
    population based on the 1980 census within the boundaries used for
    the 1980 census to the population based on the 1980 census within
    the current boundaries.''
      1989 - Subsec. (a)(7). Pub. L. 101-235 inserted before period at
    end ''and does not include Indian tribes''.
      1988 - Subsec. (a)(4). Pub. L. 100-628, Sec. 1081(a)(1),
    substituted ''a decrease in population'' for ''the population data
    of the 1980 decennial census'' and inserted ''or any subsequent
    fiscal year'' after ''1983'' in second sentence.
      Pub. L. 100-628, Sec. 1081(a)(2), directed that subsec. (a)(4) of
    this section as similarly amended first by Pub. L. 100-202 (see
    1987 Amendment note below) and later by section 503(a)(2) of Pub.
    L. 100-242 (see below) is amended to read as if the amendment by
    Pub. L. 100-242 had not been enacted.
      Pub. L. 100-242, Sec. 503(a)(1), substituted ''September 30,
    1989'' for ''March 15, 1988''.
      Pub. L. 100-242, Sec. 503(a)(2), made amendment identical to
    amendment by Pub. L. 100-202. See 1987 Amendment note below.
      Pub. L. 100-242, Sec. 503(a)(3), inserted at end ''Any city
    classified as a metropolitan city pursuant to the first or second
    sentence of this paragraph, and that no longer qualifies as a
    metropolitan city under such first or second sentence in a fiscal
    year beginning after fiscal year 1989, shall retain its
    classification as a metropolitan city for such fiscal year and the
    succeeding fiscal year, except that in such succeeding fiscal year
    (A) the amount of the grant to such city shall be 50 percent of the
    amount calculated under section 5306(b) of this title; and (B) the
    remaining 50 percent shall be added to the amount allocated under
    section 5306(d) of this title to the State in which the city is
    located and the city shall be eligible in such succeeding fiscal
    year to receive a distribution from the State allocation under
    section 5306(d) of this title as increased by this sentence.''
      Subsec. (a)(6). Pub. L. 100-628, Sec. 1081(b), substituted a
    semicolon for last comma in cls. (i) and (ii)(I) of subpar. (A).
      Pub. L. 100-242, Sec. 503(b), amended par. (6) generally.  Prior
    to amendment, par. (6) read as follows: ''The term 'urban county'
    means any county within a metropolitan area which (A) is authorized
    under State law to undertake essential community development and
    housing assistance activities in its unincorporated areas, if any,
    which are not units of general local government, and either (B) has
    a combined population of two hundred thousand or more (excluding
    the population of metropolitan cities therein) in such
    unincorporated areas and in its included units of general local
    government (i) in which it has authority to undertake essential
    community development and housing assistance activities and which
    do not elect to have their population excluded or (ii) with which
    it has entered into cooperation agreements to undertake or to
    assist in the undertaking of essential community development and
    housing assistance activities or (C) has a population in excess of
    one hundred thousand, a population density of at least five
    thousand persons per square mile, and contains within its
    boundaries no incorporated places as defined by the United States
    Bureau of Census. In order to permit an orderly transition of each
    county losing its classification as an urban county by reason of a
    decrease in population, any county classified as or deemed to be an
    urban county under this paragraph for purposes of receiving
    assistance under any section of this chapter for fiscal year 1983
    or 1984 shall retain such qualification for purposes of receiving
    such assistance through March 15, 1988, or for such longer period
    covered by a cooperation agreement entered into during fiscal year
    1984, except that the provisions of this sentence shall not apply
    with respect to any county losing its classification as an urban
    county by reason of the election of any unit of general local
    government included in such county to have its population excluded
    under clause (B)(i) of the first sentence or to not renew a
    cooperation agreement under clause (B)(ii) of such sentence.
    Notwithstanding the combined population amount set forth in clause
    (B) of the first sentence, a county shall also qualify as an urban
    county for purposes of assistance under section 5306 of this title
    if such county (A) complies with all other requirements set forth
    in the first sentence; (B) has, according to the most recent
    available decennial census data, a combined population between
    190,000 and 199,999, inclusive, (excluding the population of
    metropolitan cities therein) in all its unincorporated areas that
    are not units of general local government and in all units of
    general local government located within such county; (C) had a
    population growth rate of not less than 15 percent during the most
    recent 10-year period measured by applicable censuses; and (D) has
    submitted data satisfactory to the Secretary that it has a combined
    population of not less than 200,000 (excluding the population of
    metropolitan cities therein) in all its unincorporated areas that
    are not units of general local government and in all units of
    general local government located within such county.''
      Subsec. (d). Pub. L. 100-628, Sec. 1082(a)(1), substituted
    ''subparagraph (A)(ii) or (D) of subsection (a)(6)'' for
    ''subsection (a)(6)(B)''.
      Pub. L. 100-242, Sec. 503(c), struck out at end ''During any such
    three-year period, the population of any unit of general local
    government which is not included in that of the urban county for
    the first year shall not be eligible for such inclusion in the
    second or third year, except where the unit of general local
    government loses the designation of metropolitan city.''
      Subsec. (e). Pub. L. 100-628, Sec. 1082(a)(2), substituted
    ''subsection (a)(6)(A)(ii)(I)(a)'' for ''subsection (a)(6)(B)(i)''.
      1987 - Subsec. (a)(4). Pub. L. 100-202 inserted third sentence
    and struck out former third sentence which read as follows: ''Any
    unit of general local government that becomes eligible to be
    classified as a metropolitan city for fiscal year 1984 or 1985 may,
    upon submission of written notification to the Secretary, defer its
    classification as a metropolitan city for all purposes under this
    chapter for fiscal years 1984, 1985, and 1986 if such unit of
    general local government elects to have its population included in
    an urban county under subsection (d) of this section.''
      Pub. L. 100-200 substituted ''March 15, 1988'' for ''December 16,
    1987''.
      Pub. L. 100-179 substituted ''December 16, 1987'' for ''December
    2, 1987''.
      Pub. L. 100-170 substituted ''December 2, 1987'' for ''November
    15, 1987''.
      Pub. L. 100-154 substituted ''November 15, 1987'' for ''October
    31, 1987''.
      Pub. L. 100-122 substituted ''October 31, 1987'' for ''September
    30, 1987''.
      Subsec. (a)(6). Pub. L. 100-200 substituted ''March 15, 1988''
    for ''December 16, 1987''.
      Pub. L. 100-179 substituted ''December 16, 1987'' for ''December
    2, 1987''.
      Pub. L. 100-170 substituted ''December 2, 1987'' for ''November
    15, 1987''.
      Pub. L. 100-154 substituted ''November 15, 1987'' for ''October
    31, 1987''.
      Pub. L. 100-122 substituted ''October 31, 1987'' for ''September
    30, 1987''.
      Pub. L. 100-77 inserted ''or 1984''.
      1986 - Subsec. (a)(4), (6). Pub. L. 99-430 substituted
    ''September 30, 1987'' for ''September 30, 1986''.
      Pub. L. 99-345 substituted ''September 30, 1986'' for ''June 6,
    1986''.
      Pub. L. 99-289 substituted ''June 6, 1986'' for ''April 30,
    1986''.
      Pub. L. 99-272, Sec. 3011(a), directed amendment of pars. (4) and
    (6) identical to Pub. L. 99-216 substituting ''March 17, 1986'' for
    ''December 15, 1985''.
      Pub. L. 99-267 substituted ''April 30, 1986'' for ''March 17,
    1986''.
      Subsec. (a)(17). Pub. L. 99-272, Sec. 14001(b)(3), substituted
    ''or was considered an eligible recipient under chapter 67 of title
    31 prior to the repeal of such chapter'' for ''or under chapter 67
    of title 31''.
      1985 - Subsec. (a)(4). Pub. L. 99-219, Sec. 5(a)(1), substituted
    ''March 17, 1986'' for ''December 15, 1985''.
      Pub. L. 99-156, Sec. 5(a)(1), substituted ''December 15, 1985''
    for ''November 14, 1985''.
      Pub. L. 99-120, Sec. 5(a)(1), substituted ''through November 14,
    1985'' for ''for fiscal years 1984 and 1985''.
      Subsec. (a)(6). Pub. L. 99-219, Sec. 5(a)(2), substituted ''March
    17, 1986'' for ''December 15, 1985''.
      Pub. L. 99-156, Sec. 5(a)(2), substituted ''December 15, 1985''
    for ''November 14, 1985''.
      Pub. L. 99-120, Sec. 5(a)(2), substituted ''through November 14,
    1985'' for ''for fiscal years 1984 and 1985''.
      1984 - Subsec. (a)(4). Pub. L. 98-479, Sec. 101(a)(1), in last
    sentence, struck out ''while its population is included in an urban
    county for such fiscal year'' after ''fiscal year 1984 or 1985'',
    and substituted ''elects'' for ''continues'' and ''an'' for
    ''such'' before ''urban county''.
      Subsec. (a)(6). Pub. L. 98-479, Sec. 101(a)(2), inserted '',
    except that the provisions of this sentence shall not apply with
    respect to any county losing its classification as an urban county
    by reason of the election of any unit of general local government
    included in such county to have its population excluded under
    clause (B)(i) of the first sentence or to not renew a cooperation
    agreement under clause (B)(ii) of such sentence'' at end of second
    sentence, '', (excluding the population of metropolitan cities
    therein) in all its unincorporated areas that are not units of
    general local government and in all units of general local
    government located within such county'' at end of cl. (B) in last
    sentence, and ''(excluding the population of metropolitan cities
    therein) in all its unincorporated areas that are not units of
    general local government and in all units of general local
    government located within such county'' at end of cl. (D) in last
    sentence.
      Subsec. (a)(17). Pub. L. 98-479, Sec. 203(l)(1), substituted
    ''chapter 67 of title 31'' for ''the State and Local Fiscal
    Assistance Act of 1972 (Public Law 92-512)''.
      Subsec. (a)(20). Pub. L. 98-479, Sec. 101(a)(3), in amending par.
    (20) generally, designated existing provisions as subpar. (A) and
    substituted ''mean families and individuals whose incomes do not
    exceed 80 percent of the median income of the area involved, as
    determined by the Secretary with adjustments for smaller and larger
    families'' for ''have the meaning given the term 'lower income
    families' in section 1437a(b)(2) of this title'', substituted
    ''whose incomes do not exceed 50 percent of the median income of
    the area involved, as determined by the Secretary with adjustments
    for smaller and larger families'' for ''has the meaning given the
    term 'very low-income families' in such section'', inserted ''The
    term 'persons of moderate income' means families and individuals
    whose incomes exceed 50 percent, but do not exceed 80 percent, of
    the median income of the area involved, as determined by the
    Secretary with adjustments for smaller and larger families'', and
    added subpar. (B).
      Subsec. (a)(21). Pub. L. 98-479, Sec. 101(a)(4), substituted
    ''capitol'' for ''capital'', and added a comma after ''or office
    buildings''.
      1983 - Subsec. (a)(3). Pub. L. 98-181, Sec. 102(d), substituted
    ''Office of Management and Budget'' for ''Department of Commerce''.
      Subsec. (a)(4). Pub. L. 98-181, Sec. 102(d), substituted ''Office
    of Management and Budget'' for ''Department of Commerce''.
      Pub. L. 98-181, Sec. 102(a), substituted provision authorizing
    retention of classification as metropolitan cities through fiscal
    year 1985 of any cities classified as deemed to be such for
    purposes of assistance for fiscal year 1983 for provision that any
    city which had been classified as a metropolitan city under this
    paragraph because the population of such city exceeded fifty
    thousand would be so classified until the decennial census
    indicated that the population of such city was less than fifty
    thousand or until September 30, 1983, whichever was later, and
    inserted provision permitting any units of general local government
    which become eligible to be classified as metropolitan cities for
    fiscal years 1984 and 1985 while their population is included in an
    urban county for such fiscal year to defer such classification
    through fiscal year 1986 if such unit of general local government
    continues to have its population included in such urban county
    under subsec. (d) of this section.
      Subsec. (a)(6). Pub. L. 98-181, Sec. 102(b), substituted
    provision permitting retention of classification as urban counties
    through fiscal year 1985 of any counties classified or deemed to be
    such for purposes of assistance under this chapter for fiscal year
    1983, and allowing a county to qualify as an urban county upon
    meeting certain conditions despite failing to meet the requirements
    of cl. (B) of the first sentence for provision that any urban
    county qualifying as such in fiscal year 1981 which did not meet
    the population requirements of cl. (B) of the first sentence would
    be considered to meet such requirements through Sept. 30, 1983, and
    would not be subject to subsec. (d) of this section through such
    date.
      Subsec. (a)(9). Pub. L. 98-181, Sec. 102(d), substituted ''Office
    of Management and Budget'' for ''Department of Commerce''.
      Subsec. (a)(20), (21). Pub. L. 98-181, Sec. 102(c), added pars.
    (20) and (21).
      Subsec. (b). Pub. L. 98-181, Sec. 102(d), substituted ''Office of
    Management and Budget'' for ''Department of Commerce'' in two
    places.
      Pub. L. 98-181, Sec. 102(e), struck out provisions that no data
    from the 1980 Decennial Census, except those relating to population
    and poverty, would be taken into account for purposes of sections
    5306 and 5318 of this title and that no revision to the criteria
    for establishing a metropolitan area or defining a central city of
    such an area published after January 1, 1983, would be taken into
    account for purposes of this chapter, except that any area or city
    which would newly qualify as a metropolitan area or central city of
    such an area by reason of such revision would be so qualified.
      Subsec. (d). Pub. L. 98-181, Sec. 102(f), inserted exception
    where the unit of general local government loses the designation of
    metropolitan city.
      1982 - Subsec. (a)(4). Pub. L. 97-289, Sec. 5(1), (2),
    substituted ''under this paragraph because the population of such
    city exceeded fifty thousand shall'' for ''under clause (B) of this
    paragraph shall continue to'', and substituted ''1983'' for
    ''1982''.
      Subsec. (a)(6). Pub. L. 97-289, Sec. 5(3)(A)-(C), substituted
    ''before October 1, 1983,'' for ''for fiscal year 1982'' after
    ''population of which'', ''through September 30, 1983,'' for ''for
    fiscal year 1982'' after ''requirements of such clause'', and
    ''through such date'' for ''that fiscal year''.
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 309(a), 310, in par. (4)
    inserted applicability of Sept. 30, 1982, date to provisions, in
    par. (6) inserted provisions relating to urban county qualifying in
    fiscal year 1981, added par. (7), struck out pars. (18) and (19),
    which defined ''program period'' and ''Community Development
    Program'', respectively, and redesignated former pars. (7) to (17)
    and (20) as (8) to (18) and (19), respectively.
      Subsec. (c). Pub. L. 97-35, Sec. 309(b), substituted ''activities
    assisted under this chapter'' for ''a Community Development Program
    in whole or in part''.
      Subsec. (d). Pub. L. 97-35, Sec. 309(c), substituted provisions
    relating to nonreceipt of a grant, for provisions relating to
    disapproval or withdrawal of an application, and struck out
    ''(a)(1)'' after ''5303''.
      1980 - Subsec. (a)(3), (4), (8). Pub. L. 96-399, Sec. 111(a),
    substituted ''Department of Commerce'' for ''Office of Management
    and Budget'' wherever appearing.
      Subsec. (b). Pub. L. 96-399, Sec. 101(a), 111(a), inserted
    provisions relating to prohibition of use, in fiscal years 1981 to
    1983, of data from the 1980 Decennial Census, except those relating
    to population and poverty, for purposes of section 5318 and 5306,
    and prohibition on revision to criteria for establishment of a
    metropolitan area or definition of a central city, except for those
    newly qualifying, and substituted ''Department of Commerce'' for
    ''Office of Management and Budget'', wherever appearing.
      Subsec. (d). Pub. L. 96-399, Sec. 101(b)(1), substituted
    provisions relating to inclusion of the population of any unit of
    general local government in the population of such urban county for
    three program years, such unit to be ineligible for a grant under
    section 5306 as a separate entity, and prohibiting eligibility for
    second and third years if not included for the first year, for
    provisions relating to notification of units of general local
    government of their opportunity to exclude their populations from
    such urban county, and inclusion in such urban county unless
    exclusion is elected by notification.
      Subsec. (e). Pub. L. 96-399, Sec. 101(c), added subsec. (e).
      1979 - Subsec. (a)(1). Pub. L. 96-153, inserted reference to
    Northern Mariana Islands in definition of unit of general local
    government.
      1977 - Subsec. (a)(1). Pub. L. 95-128, Sec. 102(a)(1), excluded
    from term ''unit of general local government'' Indian tribes,
    bands, groups, and nations, including Alaska Indians, Aleuts, and
    Eskimos of the United States.
      Subsec. (a)(4). Pub. L. 95-128, Sec. 102(a)(2), clarified term
    ''metropolitan city'' to continue the classification of any city
    classified as a metropolitan city under cl. (B) as such city until
    the decennial census indicates the population of such city is less
    than fifty thousand.
      Subsec. (a)(5). Pub. L. 95-128, Sec. 102(a)(3), limited the
    meaning of ''city'' to a town or township without any incorporated
    places within its boundaries which have entered into cooperation
    agreements with such town or township to undertake or to assist in
    the undertaking of essential community development and housing
    assistance activities.
      Subsec. (a)(6). Pub. L. 95-128, Sec. 102(a)(4), inserted
    ''either'' before ''(B)'' and added cl. (C).
      Subsec. (a)(10) to (20). Pub. L. 95-128, Sec. 102(a)(5), (6),
    added pars. (10) to (16) and redesignated former pars. (10) to (13)
    as (17) to (20).
      Subsec. (d). Pub. L. 95-128, Sec. 102(b), added subsec. (d).
                     EFFECTIVE DATE OF 1990 AMENDMENTS
      Section 903(c)(3) of Pub. L. 101-625 provided that: ''The
    amendments made by this subsection (amending this section) shall
    apply with respect to assistance under title I of the Housing and
    Community Development Act of 1974 (this chapter) for fiscal year
    1991 and any fiscal year thereafter.''
      Section 904(b) of Pub. L. 101-625 provided that: ''The amendment
    made by subsection (a) (amending this section) shall apply to the
    first allocation of assistance under section 106 (section 5306 of
    this title) that is made after the date of the enactment of this
    Act (Nov. 28, 1990) and to each allocation thereafter.''
      Title II of Pub. L. 101-507, 104 Stat. 1370, provided in part
    that: ''The amendment made by this paragraph (amending this
    section) shall apply to the first allocation of assistance under
    section 106 (section 5306 of this title) that is made after the
    date of the enactment of this Act (Nov. 5, 1990) and to each
    allocation thereafter.''
                      EFFECTIVE DATE OF 1989 AMENDMENT
      Amendment by Pub. L. 101-235 applicable to amounts approved in
    any appropriation Act under section 5303 of this title for fiscal
    year 1990 and each fiscal year thereafter, see section 702(e) of
    Pub. L. 101-235, as amended, set out as a note under section 5306
    of this title.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 14001(b)(3) of Pub. L. 99-272 effective Oct.
    18, 1986, see section 14001(e) of Pub. L. 99-272.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1980 AMENDMENT
      Section 101(b)(2) of Pub. L. 96-399 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall take
    effect on October 1, 1981.''
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
 
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1479, 5306, 5318, 5318a,
    11332, 11371, 11382, 11392, 11403g, 12704, 12899f, 12902 of this
    title; title 12 section 1834b.
 
-CITE-
    42 USC Sec. 5303                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5303. Grants to States, units of general local government and
        Indian tribes; authorizations
 
-STATUTE-
      The Secretary is authorized to make grants to States, units of
    general local government, and Indian tribes to carry out activities
    in accordance with the provisions of this chapter.  For purposes of
    assistance under section 5306 of this title, there are authorized
    to be appropriated $4,000,000,000 for fiscal year 1993 and
    $4,168,000,000 for fiscal year 1994. Sums authorized pursuant to
    this section shall remain available until expended.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 103, Aug. 22, 1974, 88 Stat. 637;
    Pub. L. 94-375, Sec. 15(a), Aug. 3, 1976, 90 Stat. 1076; Pub. L.
    95-128, title I, Sec. 103, Oct. 12, 1977, 91 Stat. 1113; Pub. L.
    96-153, title I, Sec. 103(a), (b), Dec. 21, 1979, 93 Stat. 1101,
    1102; Pub. L. 96-399, title I, Sec. 106, 111(b), Oct. 8, 1980, 94
    Stat. 1618, 1621; Pub. L. 97-35, title III, Sec. 301, Aug. 13,
    1981, 95 Stat. 384; Pub. L. 98-181, title I, Sec. 103, Nov. 30,
    1983, 97 Stat. 1161; Pub. L. 100-242, title V, Sec. 501(a), Feb. 5,
    1988, 101 Stat. 1922; Pub. L. 101-625, title IX, Sec. 901(a), Nov.
    28, 1990, 104 Stat. 4384; Pub. L. 102-550, title VIII, Sec. 801(a),
    Oct. 28, 1992, 106 Stat. 3843.)
 
-MISC1-
                                 AMENDMENTS
      1992 - Pub. L. 102-550 substituted provisions authorizing
    appropriations of $4,000,000,000 for fiscal year 1993 and
    $4,168,000,000 for fiscal year 1994 for provisions authorizing
    appropriations of $3,137,000,000 for fiscal year 1991 and
    $3,272,000,000 for fiscal year 1992, and struck out provisions
    requiring Secretary to make available, to extent approved in
    appropriation Acts (1) not less than $3,000,000 in each of fiscal
    years 1991 and 1992 for assistance to economically disadvantaged
    and minority students participating in community development work
    study programs and enrolled in full-time programs in community and
    economic development, community planning, or community management,
    (2) not less than $6,500,000 for each of fiscal years 1991 and 1992
    for historically black colleges, (3) not less than $7,000,000 for
    each of fiscal years 1991 and 1992 for Guam, the Virgin Islands,
    American Samoa, the Northern Mariana Islands, and the Trust
    Territory of the Pacific Islands, and (4) not less than $500,000 in
    fiscal year 1991 to demonstrate feasibility of database system and
    computer mapping tool for compliance, programming, and evaluation
    of community development block grants.
      1990 - Pub. L. 101-625 substituted provisions authorizing
    appropriations for purposes of assistance under section 5306 of
    this title of $3,137,000,000 for fiscal year 1991 and
    $3,272,000,000 for fiscal year 1992, along with provisions
    mandating certain minimum allotments of such appropriations as
    specified in pars. (1) to (4) for provisions authorizing
    appropriations for the purposes of assistance under sections 5306
    and 5307 of this title of $3,000,000,000 for fiscal year 1988, and
    $3,000,000,000 for fiscal year 1989.
      1988 - Pub. L. 100-242 amended second sentence generally,
    substituting ''$3,000,000,000 for fiscal year 1988, and
    $3,000,000,000 for fiscal year 1989'' for ''not to exceed
    $3,468,000,000 for each of the fiscal years 1984, 1985, and 1986''.
      1983 - Pub. L. 98-181 substituted provisions authorizing
    appropriations for purposes of assistance under sections 5306 and
    5307 of this title of not to exceed $3,468,000,000 for each of
    fiscal years 1984, 1985, and 1986 for provision which had
    authorized appropriations of not to exceed $4,166,000,000 for each
    of fiscal years 1982 and 1983.
      1981 - Pub. L. 97-35 completely restructured and revised
    provisions and substituted provisions relating to authorization of
    appropriations for fiscal years 1982 and 1983 to carry out
    activities under this chapter, for provisions relating to
    authorization of appropriations for fiscal years 1981 and 1982 to
    finance Community Development Programs, additional authorizations,
    supplemental assistance, and availability of funds.
      1980 - Subsec. (a)(1). Pub. L. 96-399, Sec. 106(a), substituted
    provisions authorizing appropriations not to exceed $3,810,000,000,
    $3,960,000,000, and $4,110,000,000 for fiscal years 1981, 1982 and
    1983, respectively, for provisions authorizing appropriations not
    to exceed $3,500,000,000, $3,650,000,000, and $3,800,000,000 for
    fiscal years 1978, 1979, and 1980, respectively.
      Subsec. (a)(2). Pub. L. 96-399, Sec. 106(b), substituted
    ''$275,000,000 for the fiscal year 1981 shall be added to the
    amount available for allocation under section 5306(c) of this
    title'' for ''$50,000,000 for each of the fiscal years 1975 and
    1976, $200,000,000 for the fiscal year 1977 (not more than 50 per
    centum of which amount may be used under section 5306(d)(1) of this
    title), $350,000,000 for the fiscal year 1978 (of which not more
    than $175,000,000 may be used under such section), $265,000,000 for
    the fiscal year 1979 (of which not more than $25,000,000 may be
    used under such section), and $275,000,000 for the fiscal year 1980
    (none of which may be used under such section) shall be added to
    the amount available for allocation under section 5306(d) of this
    title''.
      Subsec. (c). Pub. L. 96-399, Sec. 106(c), substituted ''amounts
    aggregating not to exceed $1,475,000,000 for fiscal years prior to
    the fiscal year 1981, and an additional amount not to exceed
    $675,000,000 for each of the fiscal years 1981, 1982, and 1983.''
    for ''a sum not to exceed $400,000,000 for each of the fiscal years
    1978 and 1979, and not to exceed $675,000,000 for the fiscal year
    1980, except that no funds shall be made available for such purpose
    (1) for fiscal year 1978 unless the amount appropriated under
    subsections (a) and (b) of this section for fiscal year 1978 is at
    least $3,600,000,000; (2) for fiscal year 1979 unless the amount
    appropriated under subsections (a) and (b) of this section for
    fiscal year 1979 is at least $3,750,000,000; or (3) for fiscal year
    1980 unless the amount appropriated under subsections (a) and (b)
    of this section for fiscal year 1980 is at least $3,900,000,000''.
      Subsec. (e). Pub. L. 96-399, Sec. 111(b), struck out subsec. (e)
    which related to submission to Congress of timely requests for
    additional appropriations for fiscal years 1978 through 1980.
      1979 - Subsec. (a)(2). Pub. L. 96-153, Sec. 103(b), increased
    authorization of appropriation from $250,000,000 to $275,000,000
    for fiscal year 1980.
      Subsec. (c). Pub. L. 96-153, Sec. 103(a), increased authorization
    of appropriation for fiscal year 1980 from $400,000,000 to
    $675,000,000.
      1977 - Subsec. (a)(1). Pub. L. 95-128, Sec. 103(a), (b),
    authorized: grants to Indian tribes, appropriation authorizations
    for fiscal years 1978 through 1980, and unappropriated funds to be
    appropriated for any succeeding fiscal year; and deleted provisions
    which: prescribed $8,400,000,000 as the limitation on amount of
    obligations incurred, authorized appropriation of $2,500,000,000
    for fiscal year 1975, increased to $5,450,000,000 and
    $8,400,000,000 for fiscal years 1976 and 1977 for liquidation of
    obligations, and made available for liquidation of contracts
    entered into hereunder appropriations for grants under title VII of
    the Housing Act of 1961 and sections 3102 and 3103 of this title,
    and supplemental grants under title I of the Demonstration Cities
    and Metropolitan Development Act of 1966, not otherwise obligated
    prior to Jan. 1, 1975.
      Subsec. (a)(2). Pub. L. 95-128, Sec. 103(c), inserted use of
    additional money authorization provisions for fiscal years 1978
    through 1980.
      Subsec. (b). Pub. L. 95-128, Sec. 103(d), authorized
    appropriations for fiscal years 1978 through 1980, substituted
    ''for the financial settlement and, to the extent feasible, the
    completion of projects and programs assisted under the categorical
    programs terminated in section 5316(a) of this title, primarily
    urban renewal projects assisted under the Housing Act of 1949, to
    units of general local government which require supplemental
    assistance which cannot be provided'' for ''to units of general
    local government having urgent community development needs which
    cannot be met'' and inserted provision respecting requirement of
    prior appropriation of a minimum amount.
      Subsecs. (c) to (e). Pub. L. 95-128, Sec. 103(e), added subsec.
    (c) and redesignated existing subsecs. (c) and (d) as (d) and (e),
    respectively.
      1976 - Subsec. (a)(2). Pub. L. 94-375 inserted '', and
    $200,000,000 for the fiscal year 1977, not more than 50 per centum
    of which amount may be used under section 5306(d)(1) of this
    title,'' after ''1976''.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5302, 5304, 5306, 5307,
    5312, 5318, 5318a of this title.
 
-CITE-
    42 USC Sec. 5304                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5304. Statement of activities and review
 
-STATUTE-
    (a) Statement of objectives and projected use of funds by grantee
        prerequisite to receipt of grant; publication of proposals by
        grantees; notice and comment; citizen participation plan
      (1) Prior to the receipt in any fiscal year of a grant under
    section 5306(b) of this title by any metropolitan city or urban
    county, under section 5306(d) of this title by any State, or under
    section 5306(d)(2)(B) of this title by any unit of general local
    government, the grantee shall have prepared a final statement of
    community development objectives and projected use of funds and
    shall have provided the Secretary with the certifications required
    in subsection (b) of this section and, where appropriate,
    subsection (c) of this section.  In the case of metropolitan cities
    and urban counties receiving grants pursuant to section 5306(b) of
    this title and in the case of units of general local government
    receiving grants pursuant to section 5306(d)(2)(B) of this title,
    the statement of projected use of funds shall consist of proposed
    community development activities.  In the case of States receiving
    grants pursuant to section 5306(d) of this title, the statement of
    projected use of funds shall consist of the method by which the
    States will distribute funds to units of general local government.
      (2) In order to permit public examination and appraisal of such
    statements, to enhance the public accountability of grantees, and
    to facilitate coordination of activities with different levels of
    government, the grantee shall in a timely manner -
        (A) furnish citizens or, as appropriate, units of general local
      government information concerning the amount of funds available
      for proposed community development and housing activities and the
      range of activities that may be undertaken, including the
      estimated amount proposed to be used for activities that will
      benefit persons of low and moderate income and the plans of the
      grantee for minimizing displacement of persons as a result of
      activities assisted with such funds and to assist persons
      actually displaced as a result of such activities;
        (B) publish a proposed statement in such manner to afford
      affected citizens or, as appropriate, units of general local
      government an opportunity to examine its content and to submit
      comments on the proposed statement and on the community
      development performance of the grantee;
        (C) hold one or more public hearings to obtain the views of
      citizens on community development and housing needs;
        (D) provide citizens or, as appropriate, units of general local
      government with reasonable access to records regarding the past
      use of funds received under section 5306 of this title by the
      grantee; and
        (E) provide citizens or, as appropriate, units of general local
      government with reasonable notice of, and opportunity to comment
      on, any substantial change proposed to be made in the use of
      funds received under section 5306 of this title from one eligible
      activity to another or in the method of distribution of such
      funds.
    In preparing the final statement, the grantee shall consider any
    such comments and views and may, if deemed appropriate by the
    grantee, modify the proposed statement.  The final statement shall
    be made available to the public, and a copy shall be furnished to
    the Secretary together with the certifications required under
    subsection (b) of this section and, where appropriate, subsection
    (c) of this section.  Any final statement of activities may be
    modified or amended from time to time by the grantee in accordance
    with the same procedures required in this paragraph for the
    preparation and submission of such statement.
      (3) A grant under section 5306 of this title may be made only if
    the grantee certifies that it is following a detailed citizen
    participation plan which -
        (A) provides for and encourages citizen participation, with
      particular emphasis on participation by persons of low and
      moderate income who are residents of slum and blight areas and of
      areas in which section 106 (42 U.S.C. 5306) funds are proposed to
      be used, and in the case of a grantee described in section
      5306(a) of this title, provides for participation of residents in
      low and moderate income neighborhoods as defined by the local
      jurisdiction;
        (B) provides citizens with reasonable and timely access to
      local meetings, information, and records relating to the
      grantee's proposed use of funds, as required by regulations of
      the Secretary, and relating to the actual use of funds under this
      chapter;
        (C) provides for technical assistance to groups representative
      of persons of low and moderate income that request such
      assistance in developing proposals with the level and type of
      assistance to be determined by the grantee;
        (D) provides for public hearings to obtain citizen views and to
      respond to proposals and questions at all stages of the community
      development program, including at least the development of needs,
      the review of proposed activities, and review of program
      performance, which hearings shall be held after adequate notice,
      at times and locations convenient to potential or actual
      beneficiaries, and with accommodation for the handicapped;
        (E) provides for a timely written answer to written complaints
      and grievances, within 15 working days where practicable; and
        (F) identifies how the needs of non-English speaking residents
      will be met in the case of public hearings where a significant
      number of non-English speaking residents can be reasonably
      expected to participate.
    This paragraph may not be construed to restrict the responsibility
    or authority of the grantee for the development and execution of
    its community development program.
    (b) Certification of enumerated criteria by grantee to Secretary
      Any grant under section 5306 of this title shall be made only if
    the grantee certifies to the satisfaction of the Secretary that -
        (1) the grantee is in full compliance with the requirements of
      subsection (a)(2)(A), (B), and (C) of this section and has made
      the final statement available to the public;
        (2) the grant will be conducted and administered in conformity
      with the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and
      the Fair Housing Act (42 U.S.C. 3601 et seq.), and the grantee
      will affirmatively further fair housing;
        (3) the projected use of funds has been developed so as to give
      maximum feasible priority to activities which will benefit low-
      and moderate-income families or aid in the prevention or
      elimination of slums or blight, and the projected use of funds
      may also include activities which the grantee certifies are
      designed to meet other community development needs having a
      particular urgency because existing conditions pose a serious and
      immediate threat to the health or welfare of the community where
      other financial resources are not available to meet such needs,
      except that (A) the aggregate use of funds received under section
      5306 of this title and, if applicable, as a result of a guarantee
      or a grant under section 5308 of this title, during a period
      specified by the grantee of not more than 3 years, shall
      principally benefit persons of low and moderate income in a
      manner that ensures that not less than 70 percent of such funds
      are used for activities that benefit such persons during such
      period; and (B) a grantee that borders on the Great Lakes and
      that experiences significant adverse financial and physical
      effects due to lakefront erosion or flooding may include in the
      projected use of funds activities that are clearly designed to
      alleviate the threat posed, and rectify the damage caused, by
      such erosion or flooding if such activities will principally
      benefit persons of low and moderate income and the grantee
      certifies that such activities are necessary to meet other needs
      having a particular urgency;
        (4) it has developed a community development plan pursuant to
      subsection (m) of this section, for the period specified by the
      grantee under paragraph (3), that identifies community
      development needs and specifies both short- and long-term
      community development objectives that have been developed in
      accordance with the primary objective and requirements of this
      chapter;
        (5) the grantee will not attempt to recover any capital costs
      of public improvements assisted in whole or part under section
      5306 of this title or with amounts resulting from a guarantee
      under section 5308 of this title by assessing any amount against
      properties owned and occupied by persons of low and moderate
      income, including any fee charged or assessment made as a
      condition of obtaining access to such public improvements, unless
      (A) funds received under section 5306 of this title are used to
      pay the proportion of such fee or assessment that relates to the
      capital costs of such public improvements that are financed from
      revenue sources other than under this chapter; or (B) for
      purposes of assessing any amount against properties owned and
      occupied by persons of moderate income, the grantee certifies to
      the Secretary that it lacks sufficient funds received under
      section 5306 of this title to comply with the requirements of
      subparagraph (A); and
        (6) the grantee will comply with the other provisions of this
      chapter and with other applicable laws.
    (c) Special certifications required for certain grants
      A grant may be made under section 5306(b) of this title only if
    the unit of general local government certifies that it is following
    -
        (1) a current housing affordability strategy which has been
      approved by the Secretary in accordance with section 12705 of
      this title, or
        (2) a housing assistance plan which was approved by the
      Secretary during the 180-day period beginning on November 28,
      1990, or during such longer period as may be prescribed by the
      Secretary in any case for good cause.
    (d) Residential antidisplacement and relocation assistance plan;
        certification of adherence; contents
      (1) A grant under section 5306 or 5318 of this title may be made
    only if the grantee certifies that it is following a residential
    antidisplacement and relocation assistance plan.  A grantee
    receiving a grant under section 5306(a) of this title or section
    5318 of this title shall so certify to the Secretary. A unit of
    general local government receiving amounts from a State under
    section 5306(d) of this title shall so certify to the State, and a
    unit of general local government receiving amounts from the
    Secretary under section 5306(d) of this title shall so certify to
    the Secretary.
      (2) The residential antidisplacement and relocation assistance
    plan shall in connection with a development project assisted under
    section 5306 or 5318 of this title -
        (A) in the event of such displacement, provide that -
          (i) governmental agencies or private developers shall provide
        within the same community comparable replacement dwellings for
        the same number of occupants as could have been housed in the
        occupied and vacant occupiable low and moderate income dwelling
        units demolished or converted to a use other than for housing
        for low and moderate income persons, and provide that such
        replacement housing may include existing housing assisted with
        project based assistance provided under section 1437f of this
        title;
          (ii) such comparable replacement dwellings shall be designed
        to remain affordable to persons of low and moderate income for
        10 years from the time of initial occupancy;
          (iii) relocation benefits shall be provided for all low or
        moderate income persons who occupied housing demolished or
        converted to a use other than for low or moderate income
        housing, including reimbursement for actual and reasonable
        moving expenses, security deposits, credit checks, and other
        moving-related expenses, including any interim living costs;
        and in the case of displaced persons of low and moderate
        income, provide either -
            (I) compensation sufficient to ensure that, for a 5-year
          period, the displaced families shall not bear, after
          relocation, a ratio of shelter costs to income that exceeds
          30 percent; or
            (II) if elected by a family, a lump-sum payment equal to
          the capitalized value of the benefits available under
          subclause (I) to permit the household to secure participation
          in a housing cooperative or mutual housing association; and
          (iv) persons displaced shall be relocated into comparable
        replacement housing that is -
            (I) decent, safe, and sanitary;
            (II) adequate in size to accommodate the occupants;
            (III) functionally equivalent; and
            (IV) in an area not subject to unreasonably adverse
          environmental conditions;
        (B) provide that persons displaced shall have the right to
      elect, as an alternative to the benefits under this subsection,
      to receive benefits under the Uniform Relocation Assistance and
      Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
      seq.) if such persons determine that it is in their best interest
      to do so; and
        (C) provide that where a claim for assistance under
      subparagraph (A)(iv) is denied by a grantee, the claimant may
      appeal to the Secretary in the case of a grant under section 5306
      or 5318 of this title or to the appropriate State official in the
      case of a grant under section 5306(d) of this title, and that the
      decision of the Secretary or the State official shall be final
      unless a court determines the decision was arbitrary and
      capricious.
      (3) Paragraphs (2)(A)(i) and (2)(A)(ii) shall not apply in any
    case in which the Secretary finds, on the basis of objective data,
    that there is available in the area an adequate supply of habitable
    affordable housing for low and moderate income persons.  A
    determination under this paragraph is final and nonreviewable.
    (e) Submission of performance and evaluation report by grantee to
        Secretary; contents; availability for citizen comment; annual
        review and audit by Secretary of program implementation;
        adjustments in amount of annual grants
      Each grantee shall submit to the Secretary, at a time determined
    by the Secretary, a performance and evaluation report concerning
    the use of funds made available under section 5306 of this title,
    together with an assessment by the grantee of the relationship of
    such use to the objectives identified in the grantee's statement
    under subsection (a) of this section and to the requirements of
    subsection (b)(3) of this section.  Such report shall also be made
    available to the citizens in each grantee's jurisdiction in
    sufficient time to permit such citizens to comment on such report
    prior to its submission, and in such manner and at such times as
    the grantee may determine.  The grantee's report shall indicate its
    programmatic accomplishments, the nature of and reasons for changes
    in the grantee's program objectives, indications of how the grantee
    would change its programs as a result of its experiences, and an
    evaluation of the extent to which its funds were used for
    activities that benefited low- and moderate-income persons.  The
    report shall include a summary of any comments received by the
    grantee from citizens in its jurisdiction respecting its program.
    The Secretary shall encourage and assist national associations of
    grantees eligible under section 5306(d)(2)(B) of this title,
    national associations of States, and national associations of units
    of general local government in nonentitlement areas to develop and
    recommend to the Secretary, within one year after November 30,
    1983, uniform recordkeeping, performance reporting, and evaluation
    reporting, and auditing requirements for such grantees, States, and
    units of general local government, respectively.  Based on the
    Secretary's approval of these recommendations, the Secretary shall
    establish such requirements for use by such grantees, States, and
    units of general local government.  The Secretary shall, at least
    on an annual basis, make such reviews and audits as may be
    necessary or appropriate to determine -
        (1) in the case of grants made under section 5306(b) or section
      5306(d)(2)(B) of this title, whether the grantee has carried out
      its activities and, where applicable, its housing assistance plan
      in a timely manner, whether the grantee has carried out those
      activities and its certifications in accordance with the
      requirements and the primary objectives of this chapter and with
      other applicable laws, and whether the grantee has a continuing
      capacity to carry out those activities in a timely manner; and
        (2) in the case of grants to States made under section 5306(d)
      of this title, whether the State has distributed funds to units
      of general local government in a timely manner and in conformance
      to the method of distribution described in its statement, whether
      the State has carried out its certifications in compliance with
      the requirements of this chapter and other applicable laws, and
      whether the State has made such reviews and audits of the units
      of general local government as may be necessary or appropriate to
      determine whether they have satisfied the applicable performance
      criteria described in paragraph (1) of this subsection.
    The Secretary may make appropriate adjustments in the amount of the
    annual grants in accordance with the Secretary's findings under
    this subsection.  With respect to assistance made available to
    units of general local government under section 5306(d) of this
    title, the Secretary may adjust, reduce, or withdraw such
    assistance, or take other action as appropriate in accordance with
    the Secretary's reviews and audits under this subsection, except
    that funds already expended on eligible activities under this
    chapter shall not be recaptured or deducted from future assistance
    to such units of general local government.
    (f) Audit of grantees by General Accounting Office; access to
        books, accounts, records, etc., by representatives of General
        Accounting Office
      Insofar as they relate to funds provided under this chapter, the
    financial transactions of recipients of such funds may be audited
    by the General Accounting Office under such rules and regulations
    as may be prescribed by the Comptroller General of the United
    States. The representatives of the General Accounting Office shall
    have access to all books, accounts, records, reports, files, and
    other papers, things, or property belonging to or in use by such
    recipients pertaining to such financial transactions and necessary
    to facilitate the audit.
    (g) Environmental protection measures applicable for release of
        funds to applicants for projects; issuance of regulations by
        Secretary subsequent to consultation with Council on
        Environmental Quality; request and certification to Secretary
        for approval of release of funds; form, contents and effect of
        certification
      (1) In order to assure that the policies of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
    provisions of law which further the purposes of such Act (as
    specified in regulations issued by the Secretary) are most
    effectively implemented in connection with the expenditure of funds
    under this chapter, and to assure to the public undiminished
    protection of the environment, the Secretary, in lieu of the
    environmental protection procedures otherwise applicable, may under
    regulations provide for the release of funds for particular
    projects to recipients of assistance under this chapter who assume
    all of the responsibilities for environmental review,
    decisionmaking, and action pursuant to such Act, and such other
    provisions of law as the regulations of the Secretary specify, that
    would apply to the Secretary were he to undertake such projects as
    Federal projects.  The Secretary shall issue regulations to carry
    out this subsection only after consultation with the Council on
    Environmental Quality.
      (2) The Secretary shall approve the release of funds for projects
    subject to the procedures authorized by this subsection only if, at
    least fifteen days prior to such approval and prior to any
    commitment of funds to such projects other than for purposes
    authorized by section 5305(a)(12) of this title or for
    environmental studies, the recipient of assistance under this
    chapter has submitted to the Secretary a request for such release
    accompanied by a certification which meets the requirements of
    paragraph (3). The Secretary's approval of any such certification
    shall be deemed to satisfy his responsibilities under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and such
    other provisions of law as the regulations of the Secretary specify
    insofar as those responsibilities relate to the releases of funds
    for projects to be carried out pursuant thereto which are covered
    by such certification.
      (3) A certification under the procedures authorized by this
    subsection shall -
        (A) be in a form acceptable to the Secretary,
        (B) be executed by the chief executive officer or other officer
      of the recipient of assistance under this chapter qualified under
      regulations of the Secretary,
        (C) specify that the recipient of assistance under this chapter
      has fully carried out its responsibilities as described under
      paragraph (1) of this subsection, and
        (D) specify that the certifying officer (i) consents to assume
      the status of a responsible Federal official under the National
      Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
      each provision of law specified in regulations issued by the
      Secretary insofar as the provisions of such Act or other such
      provision of law apply pursuant to paragraph (1) of this
      subsection, and (ii) is authorized and consents on behalf of the
      recipient of assistance under this chapter and himself to accept
      the jurisdiction of the Federal courts for the purpose of
      enforcement of his responsibilities as such an official.
      (4) In the case of grants made to States pursuant to section
    5306(d) of this title, the State shall perform those actions of the
    Secretary described in paragraph (2) and the performance of such
    actions shall be deemed to satisfy the Secretary's responsibilities
    referred to in the second sentence of such paragraph.
    (h) Payments; revolving loan fund: establishment in private
        financial institution for rehabilitation activities; standards
        for payments: criteria
      (1) Units of general local government receiving assistance under
    this chapter may receive funds, in one payment, in an amount not to
    exceed the total amount designated in the grant (or, in the case of
    a unit of general local government receiving a distribution from a
    State pursuant to section 5306(d) of this title, not to exceed the
    total amount of such distribution) for use in establishing a
    revolving loan fund which is to be established in a private
    financial institution and which is to be used to finance
    rehabilitation activities assisted under this chapter.
    Rehabilitation activities authorized under this section shall begin
    within 45 days after receipt of such payment and substantial
    disbursements from such fund must begin within 180 days after
    receipt of such payment.
      (2) The Secretary shall establish standards for such cash
    payments which will insure that the deposits result in appropriate
    benefits in support of the recipient's rehabilitation program.
    These standards shall be designed to assure that the benefits to be
    derived from the local program include, at a minimum, one or more
    of the following elements, or such other criteria as determined by
    the Secretary -
        (A) leverage of community development block grant funds so that
      participating financial institutions commit private funds for
      loans in the rehabilitation program in amounts substantially in
      excess of deposit of community development funds;
        (B) commitment of private funds for rehabilitation loans at
      below-market interest rates or with repayment periods lengthened
      or at higher risk than would normally be taken;
        (C) provision of administrative services in support of the
      rehabilitation program by the participating lending institutions;
      and
        (D) interest earned on such cash deposits shall be used in a
      manner which supports the community rehabilitation program.
    (i) Metropolitan city as part of urban county
      In any case in which a metropolitan city is located, in whole or
    in part, within an urban county, the Secretary may, upon the joint
    request of such city and county, approve the inclusion of the
    metropolitan city as part of the urban county for purposes of
    submitting a statement under subsection (a) of this section and
    carrying out activities under this chapter.
    (j) Retention of program income; condition of distribution
      Notwithstanding any other provision of law, any unit of general
    local government may retain any program income that is realized
    from any grant made by the Secretary, or any amount distributed by
    a State, under section 5306 of this title if (1) such income was
    realized after the initial disbursement of the funds received by
    such unit of general local government under such section; and (2)
    such unit of general local government has agreed that it will
    utilize the program income for eligible community development
    activities in accordance with the provisions of this chapter;
    except that the Secretary may, by regulation, exclude from
    consideration as program income any amounts determined to be so
    small that compliance with this subsection creates an unreasonable
    administrative burden on the unit of general local government.  A
    State may require as a condition of any amount distributed by such
    State under section 5306(d) of this title that a unit of general
    local government shall pay to such State any such income to be used
    by such State to fund additional eligible community development
    activities, except that such State shall waive such condition to
    the extent such income is applied to continue the activity from
    which such income was derived.
    (k) Provision of benefits to displaced persons
      Each grantee shall provide for reasonable benefits to any person
    involuntarily and permanently displaced as a result of the use of
    assistance received under this chapter to acquire or substantially
    rehabilitate property.
    (l) Protection of individuals engaging in nonviolent civil rights
        demonstrations
      No funds authorized to be appropriated under section 5303 of this
    title may be obligated or expended to any unit of general local
    government that -
        (1) fails to adopt and enforce a policy prohibiting the use of
      excessive force by law enforcement agencies within its
      jurisdiction against any individuals engaged in nonviolent civil
      rights demonstrations; or
        (2) fails to adopt and enforce a policy of enforcing applicable
      State and local laws against physically barring entrance to or
      exit from a facility or location which is the subject of such
      nonviolent civil rights demonstration within its jurisdiction.
    (m) Community development plans
      (1) In general
        Prior to the receipt in any fiscal year of a grant from the
      Secretary under subsection (b), (d)(1), or (d)(2)(B) of section
      5306 of this title, each recipient shall have prepared and
      submitted in accordance with this subsection and in such
      standardized form as the Secretary shall, by regulation,
      prescribe a description of its priority nonhousing community
      development needs eligible for assistance under this chapter.
      (2) Local governments
        In the case of a recipient that is a unit of general local
      government -
          (A) prior to the submission required by paragraph (1), the
        recipient shall, to the extent practicable, notify adjacent
        units of general local government and solicit the views of
        citizens on priority nonhousing community development needs;
        and
          (B) the description required under paragraph (1) shall be
        submitted to the Secretary, the State, and any other unit of
        general local government within which the recipient is located,
        in such standardized form as the Secretary shall, by
        regulation, prescribe.
      (3) States
        In the case of a recipient that is a State, the description
      required by paragraph (1) -
          (A) shall include only the needs within the State that affect
        more than one unit of general local government and involve
        activities typically funded by such States under this chapter;
        and
          (B) shall be submitted to the Secretary in such standard form
        as the Secretary, by regulation, shall prescribe.
      (4) Effect of submission
        A submission under this subsection shall not be binding with
      respect to the use or distribution of amounts received under
      section 5306 of this title.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 104, Aug. 22, 1974, 88 Stat. 638;
    Pub. L. 95-128, title I, Sec. 104, 110(a), Oct. 12, 1977, 91 Stat.
    1114, 1125; Pub. L. 95-557, title I, Sec. 103(a)-(d), Oct. 31,
    1978, 92 Stat. 2083; Pub. L. 96-153, title I, Sec. 103(c), (g),
    109(a), Dec. 21, 1979, 93 Stat. 1102, 1105; Pub. L. 96-399, title
    I, Sec. 101(d), 104(b), 105(a), 109, 111(c), Oct. 8, 1980, 94 Stat.
    1615, 1616, 1618, 1619, 1621; Pub. L. 97-35, title III, Sec.
    302(b), (c)(1), (d)-(f), 309(d), Aug. 13, 1981, 95 Stat. 384, 386,
    387, 396; Pub. L. 98-181, title I, Sec. 101(b), 104, Nov. 30, 1983,
    97 Stat. 1159, 1161; Pub. L. 98-479, title I, Sec. 101(a)(5)-(7),
    Oct. 17, 1984, 98 Stat. 2219; Pub. L. 100-242, title V, Sec.
    502(c), 505-509(a), Feb. 5, 1988, 101 Stat. 1923, 1926, 1927; Pub.
    L. 100-628, title X, Sec. 1083, Nov. 7, 1988, 102 Stat. 3277; Pub.
    L. 101-625, title IX, Sec. 902(b), 905, 906, 922, Nov. 28, 1990,
    104 Stat. 4385, 4387, 4402; Pub. L. 102-550, title VIII, Sec. 804,
    808, 812, Oct. 28, 1992, 106 Stat. 3845, 3850; Pub. L. 103-233,
    title II, Sec. 232(a)(2)(B), Apr. 11, 1994, 108 Stat. 367.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Civil Rights Act of 1964, referred to in subsec. (b)(2), is
    Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 2000a
    of this title and Tables.
      The Fair Housing Act, referred to in subsec. (b)(2), is title
    VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,
    which is classified principally to subchapter I (Sec. 3601 et seq.)
    of chapter 45 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 3601 of
    this title and Tables.
      The Uniform Relocation Assistance and Real Property Acquisition
    Policies Act of 1970, referred to in subsec. (d)(2)(B), is Pub. L.
    91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is
    classified principally to chapter 61 (Sec. 4601 et seq.) of this
    title.  For complete classification of this Act to the Code, see
    Short Title note set out under section 4601 of this title and
    Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (g)(1), (2), (3)(D), is Pub. L. 91-190, Jan. 1, 1970, 83
    Stat. 852, as amended, which is classified generally to chapter 55
    (Sec. 4321 et seq.) of this title.  For complete classification of
    this Act to the Code, see Short Title note set out under section
    4321 of this title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1994 - Subsec. (b)(3)(A). Pub. L. 103-233 inserted ''or a grant''
    after ''guarantee''.
      1992 - Subsec. (b)(2). Pub. L. 102-550, Sec. 808, substituted
    ''the Civil Rights Act of 1964 and the Fair Housing Act'' for
    ''Public Law 88-352 and Public Law 90-284''.
      Subsec. (b)(4). Pub. L. 102-550, Sec. 812(b), inserted ''pursuant
    to subsection (m) of this section'' after ''plan'' and struck out
    ''and housing'' before ''needs and''.
      Subsec. (j). Pub. L. 102-550, Sec. 804, in first sentence, struck
    out ''while the unit of general local government is participating
    in a community development program under this chapter'' after ''has
    agreed that'' and inserted before period at end ''; except that the
    Secretary may, by regulation, exclude from consideration as program
    income any amounts determined to be so small that compliance with
    this subsection creates an unreasonable administrative burden on
    the unit of general local government''.
      Subsecs. (l), (m). Pub. L. 102-550, Sec. 812(a), redesignated
    subsec. (l), relating to community development plans, as (m) and
    amended it generally, substituting present provisions for
    provisions requiring recipients to have submitted a description of
    its nonhousing community development needs and strategies for
    meeting those needs, providing for special requirements for such
    plans where the recipient was a State or a unit of general local
    government, and providing that a submission of a plan would not be
    binding with respect to the use or distribution of amounts received
    under section 5306 of this title.
      1990 - Subsec. (b)(3). Pub. L. 101-625, Sec. 902(b), substituted
    ''70 percent'' for ''60 percent''.
      Subsec. (c). Pub. L. 101-625, Sec. 905, amended subsec. (c)
    generally, substituting present provisions for provisions
    authorizing grants under section 5306(b) of this title only if the
    unit of local government certified that it followed a current
    housing assistance plan approved by the Secretary which (1)
    accurately surveyed the condition of the housing stock in the
    community, (2) specified a realistic annual goal for the number of
    dwelling units or persons of low and moderate income to be
    assisted, (3) indicated the general locations of proposed low and
    moderate income housing, and (4) specified activities that would be
    undertaken annually to minimize displacement and preserve or expand
    the availability of low and moderate income housing, and which
    required the establishment of dates and manner for the submission
    of housing assistance plans.
      Subsec. (l). Pub. L. 101-625, Sec. 922, added subsec. (l)
    relating to community development plans.
      Pub. L. 101-625, Sec. 906, added subsec. (l) relating to
    protection of individuals engaging in nonviolent civil rights
    demonstrations.
      1988 - Subsec. (a)(1). Pub. L. 100-242, Sec. 505, struck out at
    end ''In all cases, beginning in fiscal year 1984, the statement
    required in this subsection shall include a description of the use
    of funds made available under section 5306 of this title in fiscal
    year 1982 and thereafter (or, beginning in fiscal year 1985, such
    use since preparation of the last statement prepared pursuant to
    this subsection) together with an assessment of the relationship of
    such use to the community development objectives identified in the
    statement prepared pursuant to this subsection for such previous
    fiscal years and to the requirements of subsection (b)(3) of this
    section.''
      Subsec. (a)(3). Pub. L. 100-242, Sec. 508, added par. (3).
      Subsec. (b)(3). Pub. L. 100-242, Sec. 506, designated provision
    after ''except that'' as cl. (A) and added cl. (B).
      Pub. L. 100-242, Sec. 502(c), substituted ''60'' for ''51''.
      Subsec. (c)(1)(A), (B). Pub. L. 100-242, Sec. 507(b)(1),
    substituted ''persons of low and moderate income'' for ''lower
    income persons'' wherever appearing.
      Subsec. (c)(1)(C). Pub. L. 100-242, Sec. 507(b), substituted
    ''persons of low and moderate income'' for ''lower income persons''
    and ''low-income persons''.
      Subsec. (c)(1)(D). Pub. L. 100-242, Sec. 507(a), added subpar.
    (D).
      Subsec. (d). Pub. L. 100-242, Sec. 509(a)(2), added subsec. (d).
    Former subsec. (d) redesignated (e).
      Subsec. (d)(1). Pub. L. 100-628, Sec. 1083(a), amended third
    sentence generally.  Prior to amendment, third sentence read as
    follows: ''A grantee receiving a grant under section 5306(d) of
    this title shall so certify to the State''.
      Subsec. (d)(2)(A)(iii)(II). Pub. L. 100-628, Sec. 1083(b),
    inserted ''and'' after ''mutual housing association;''.
      Subsecs. (e) to (k). Pub. L. 100-242, Sec. 509(a)(1),
    redesignated subsecs. (d) to (j) as (e) to (k), respectively.
      1984 - Subsec. (a)(2)(E). Pub. L. 98-479, Sec. 101(a)(5),
    inserted ''or in the method of distribution of such funds''.
      Subsec. (b)(5)(B). Pub. L. 98-479, Sec. 101(a)(6), substituted
    ''moderate'' for ''low and moderate income who are not persons of
    very low'' before ''income, the grantee certifies''.
      Subsec. (d). Pub. L. 98-479, Sec. 101(a)(7), struck out the comma
    between ''which'' and ''its funds'' in third sentence, and inserted
    ''general'' before ''local'' after ''and units of'' in fifth
    sentence, and before ''local'' in sixth sentence.
      1983 - Subsec. (a)(1). Pub. L. 98-181, Sec. 104(a), inserted
    sentence at end that the statement must include a description of
    the use of funds made available under section 5306 of this title in
    fiscal year 1982 and thereafter (or, beginning with fiscal year
    1985, such use since preparation of the last statement under this
    subsection) together with an assessment of the relationship of such
    use to the community development objectives identified in the
    statement prepared pursuant to this subsection for previous fiscal
    years and to the requirements of subsec. (b)(3) of this section.
      Subsec. (a)(2). Pub. L. 98-181, Sec. 104(b)(1), in provisions
    preceding subpar. (A) substituted ''shall in a timely manner'' for
    ''shall''.
      Pub. L. 98-181, Sec. 104(b)(6), inserted at end ''Any final
    statement of activities may be modified or amended from time to
    time by the grantee in accordance with the same procedures required
    in this paragraph for the preparation and submission of such
    statement.''
      Subsec. (a)(2)(A). Pub. L. 98-181, Sec. 104(b)(2), substituted
    ''citizens or, as appropriate, units of general local government''
    for ''citizens'', and inserted '', including the estimated amount
    proposed to be used for activities that will benefit persons of low
    and moderate income and the plans of the grantee for minimizing
    displacement of persons as a result of activities assisted with
    such funds and to assist persons actually displaced as a result of
    such activities''.
      Subsec. (a)(2)(D), (E). Pub. L. 98-181, Sec. 104(b)(3)-(5), added
    subpars. (D) and (E).
      Subsec. (b)(2). Pub. L. 98-181, Sec. 104(c)(1), inserted
    requirement that the grantee affirmatively further fair housing.
      Subsec. (b)(3). Pub. L. 98-181, Sec. 101(b), inserted provision
    that the aggregate use of funds received under section 5306 of this
    title and, if applicable, as a result of a guarantee under section
    5308 of this title, during a period specified by the grantee of not
    more than 3 years, shall principally benefit persons of low and
    moderate income in a manner that ensures that not less than 51
    percent of such funds are used for activities that benefit such
    persons during such period.
      Subsec. (b)(4) to (6). Pub. L. 98-181, Sec. 104(c)(2)-(4), added
    pars. (4) and (5) and redesignated former par. (4) as (6).
      Subsec. (c)(1)(A). Pub. L. 98-181, Sec. 104(d), inserted
    ''(including the number of vacant and abandoned dwelling units)''.
      Subsec. (d). Pub. L. 98-181, Sec. 104(e), in provisions preceding
    par. (1), substituted ''performance and evaluation report'' for
    ''performance report''; substituted ''subsection (a) of this
    section and to the requirements of subsection (b)(3) of this
    section'' for ''subsection (a) of this section''; and inserted
    provision requiring that the report be made available for citizen
    comment prior to submission, that the report summarize such
    comments and indicate programmatic accomplishments, changes in
    programs and objectives, and an evaluation of the extent to which
    funds were used to benefit low- and moderate-income persons, and
    requiring the Secretary to establish uniform recordkeeping,
    performance and evaluation reporting, and requirements for
    grantees, States, and local governments, based on the Secretary's
    approval of recommendations made by such grantees and State and
    local governments.
      Subsec. (g)(1). Pub. L. 98-181, Sec. 104(f), inserted ''and
    substantial disbursements from such fund must begin within 180 days
    after receipt of such payment''.
      Subsecs. (i), (j). Pub. L. 98-181, Sec. 104(g), added subsecs.
    (i) and (j).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 302(b), substituted
    provisions relating to statement of objectives and projected use of
    funds by grantee, publication of proposals by grantees, and
    procedures applicable for provisions relating to contents and
    statements required in application.
      Subsec. (b). Pub. L. 97-35, Sec. 302(b), substituted provisions
    relating to certifications of enumerated criteria by grantee to
    Secretary for provisions relating to additional requirements for
    application, certifications to Secretary, and waiver of required
    program contents.
      Subsec. (c). Pub. L. 97-35, Sec. 302(b), substituted provisions
    relating to certifications by the unit of general local government
    respecting enumerated grants for provisions relating to approval of
    applications.
      Subsec. (d). Pub. L. 97-35, Sec. 302(c)(1), substituted
    provisions relating to performance and assessment reports by
    grantee to the Secretary concerning use of funds under section 5306
    of this title, and reviews, audits and adjustments by the
    Secretary, for provisions relating to performance and assessment
    reports by grantee to the Secretary concerning activities carried
    out under this chapter, and reviews, audits, and adjustments by
    Secretary.
      Subsec. (e). Pub. L. 97-35, Sec. 302(d), redesignated subsec. (g)
    as (e). Former subsec. (e), which related to review and comment on
    application by areawide agency under procedures established by
    President, was struck out.
      Subsec. (f). Pub. L. 97-35, Sec. 302(d), (e), redesignated
    subsec. (h) as (f), in par. (1) substituted ''recipients of
    assistance under this chapter'' for ''applicants'', in par. (2)
    ''recipient of assistance under this chapter'' for ''applicant''
    and ''the releases of funds'' for ''the applications and releases
    of funds'' and in par. (3)(B) to (D) ''recipient of assistance
    under this chapter'' for ''applicant'', and added par. (4). Former
    subsec. (f), which related to approval date of application and
    adjustment of grant subsequent to approval of application, was
    struck out.
      Subsec. (g). Pub. L. 97-35, Sec. 302(d), (f), redesignated
    subsec. (i) as (g), in par. (1) substituted provision relating to
    units of general local government as recipients for provision
    relating to recipients of funds and in par. (2) struck out
    provision relating to review and approval of agreements.  Former
    subsec. (g) redesignated (e).
      Subsec. (h). Pub. L. 97-35, Sec. 302(d), 309(d), redesignated
    subsec. (j) as (h) and substituted provisions relating to
    submission of a statement and carrying out activities for
    provisions relating to program planning, meeting application
    requirements, and program implementation.  Former subsec. (h)
    redesignated (f).
      Subsecs. (i), (j). Pub. L. 97-35, Sec. 302(d), redesignated
    subsecs. (i) and (j) as (g) and (h), respectively.
      1980 - Subsec. (a). Pub. L. 96-399, Sec. 104(b), inserted
    provision following par. (6) relating to discretionary inclusion in
    program summary comparable information with respect to applicant's
    energy conservation and renewable energy resource needs and
    objectives.
      Subsec. (a)(2). Pub. L. 96-399, Sec. 105(a), in cl. (B)
    substituted ''activities, and objectives, including activities''
    for ''including activities'', struck out ''and objectives'' after
    ''moderate-income persons'', and in cl. (C) inserted provisions
    respecting activities on the involuntary displacement of low- and
    moderate-income persons.
      Subsec. (c). Pub. L. 96-399, Sec. 111(c)(1), substituted
    ''5306(b)'' for ''5306(a)''.
      Subsec. (d). Pub. L. 96-399, Sec. 109, 111(c)(2), substituted
    ''Each'' for ''Prior to the beginning of fiscal year 1977 and each
    fiscal year thereafter, each'', inserted provision relating to the
    annual submission of the performance report, prior to the beginning
    of each fiscal year, and less frequently for a grantee receiving a
    grant not funding a comprehensive development program, inserted
    provisions respecting determinations by the Secretary in the case
    of a grant for which a report is submitted less frequently than
    annually in accordance with the second sentence of this paragraph,
    and substituted ''5306(c)'' for ''5306(d)(2)'' and ''5306(e)'' for
    ''5306(f)(1)(B)''.
      Subsec. (e). Pub. L. 96-399, Sec. 111(c)(2), substituted
    ''5306(c)'' for ''5306(d)(2)'' and ''5306(e)'' for
    ''5306(f)(1)(B)''.
      Subsec. (j). Pub. L. 96-399, Sec. 101(d), added subsec. (j).
      1979 - Subsec. (a)(4)(A). Pub. L. 96-153, Sec. 109(a), inserted
    reference to impact of conversion of rental housing to condominium
    or cooperative ownership on housing needs.
      Subsec. (b)(3). Pub. L. 96-153, Sec. 103(c), struck out cl. (A)
    and redesignated cls. (B) and (C) as (A) and (B), respectively.
      Subsec. (h)(1). Pub. L. 96-153, Sec. 103(g)(1), substituted ''Act
    of 1969 and other provisions of law which further the purposes of
    such Act (as specified in regulations issued by the Secretary) are
    most'' for ''Act of 1969 are most'', and ''such Act, and such other
    provisions of law as the regulations of the Secretary specify that
    would apply'' for ''such Act that would apply''.
      Subsec. (h)(2). Pub. L. 96-153, Sec. 103(g)(2), substituted
    ''National Environmental Policy Act of 1969 and such other
    provisions of law as the regulations of the Secretary specify'' for
    ''National Environmental Policy Act''.
      Subsec. (h)(3)(D). Pub. L. 96-153, Sec. 103(g)(3), substituted
    ''Act of 1969 and each provision of law specified in regulations
    issued by the Secretary insofar as the provisions of such Act or
    other provision of law'' for ''Act of 1969 insofar as the
    provisions of such Act'' in cl. (i).
      1978 - Subsec. (a)(3)(C). Pub. L. 95-557, Sec. 103(c), inserted
    ''as a result of existing or projected employment opportunities in
    the community (and those elderly persons residing in or expected to
    reside in the community), or as estimated in a community accepted
    State or regional housing opportunity plan approved by the
    Secretary'' after ''expected to reside in the community''.
      Subsec. (a)(4)(A). Pub. L. 95-557, Sec. 103(a), (c), inserted
    ''owners of homes requiring rehabilitation assistance'' after
    ''large families'' and inserted ''as a result of existing or
    projected employment opportunities in the community (and those
    elderly persons residing in or expected to reside in the
    community), or as estimated in a community accepted State or
    regional housing opportunity plan approved by the Secretary'' after
    ''expected to reside in the community''.
      Subsec. (a)(4)(B)(i). Pub. L. 95-557, Sec. 103(b), inserted
    ''including existing rental and owner occupied dwelling units to be
    upgraded and thereby preserved'' after ''existing dwelling units''.
      Subsec. (c). Pub. L. 95-557, Sec. 103(d), inserted provisions
    relating to approval or disapproval of any application on the basis
    that such application addresses any one of the primary purposes
    described in par. (3) to a greater or lesser extent than any other,
    unless such purpose is plainly inappropriate, in which case the
    application may be disapproved.
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 110(a), inserted
    reference to section 5318 of this title.
      Subsec. (a)(1). Pub. L. 95-128, Sec. 104(a)(1), inserted ''and
    housing'' before ''needs''.
      Subsec. (a)(2)(B). Pub. L. 95-128, Sec. 104(a)(2), included
    provision activities designed to revitalize neighborhoods for
    benefit of low- and moderate-income persons.
      Subsec. (a)(3). Pub. L. 95-128, Sec. 104(a)(3), inserted subpar.
    (B) requirement for a program designed to insure fully opportunity
    for participation by, and benefits to, the handicapped and added
    subpar. (C).
      Subsec. (a)(4). Pub. L. 95-128, Sec. 104(a)(4), inserted subpar.
    (A) provision for identification of housing stock in a deteriorated
    condition; inserted in subpar. (B) ''lower-income'' before
    ''persons'' and added cl. (iii); and inserted subpar. (C)(i)
    provision respecting reclamation of housing stock where feasible
    through use of a broad range of techniques for housing restoration
    by local government, the private sector, or community
    organizations, including provision of a reasonable opportunity for
    tenants displaced as a result of such activities to relocate in
    their immediate neighborhood.
      Subsec. (a)(6). Pub. L. 95-128, Sec. 104(a)(5), added cl. (A),
    redesignated former cls. (A) and (B) as (B) and (C), and
    redesignated former cl. (C) as (D) and substituted ''with an
    opportunity to submit comments concerning the community development
    performance of the applicant; but nothing in this paragraph'' for
    ''an adequate opportunity to participate in the development of the
    application; but no part of this paragraph''.
      Subsec. (b)(2). Pub. L. 95-128, Sec. 104(b), substituted in first
    sentence ''low- and moderate-income'' for ''low- or
    moderate-income'' and in second sentence after ''urgency'' the
    clause ''because existing conditions pose a serious and immediate
    threat to the health or welfare of the community, and other
    financial resources are not available'' for ''as specifically
    described in the application''.
      Subsec. (b)(3). Pub. L. 95-128, Sec. 104(c), added cl. (B),
    struck out former cl. ''(B) the application relates to the first
    community development activity to be carried out by such locality
    with assistance under this chapter'', redesignated cl. (D) as (C)
    and struck out former cl. ''(C) the assistance requested is for a
    single development activity under this chapter of a type eligible
    for assistance under title VII of the Housing Act of 1961 or title
    VII of the Housing and Urban Development Act of 1965''.
      Subsec. (c)(3). Pub. L. 95-128, Sec. 104(d), inserted '', with
    specific regard to the primary purposes of principally benefiting
    persons of low- and moderate-income or aiding in the prevention or
    elimination of slums or blight or meeting other community
    development needs having a particular urgency,'' before ''or other
    applicable law''.
      Subsec. (d). Pub. L. 95-128, Sec. 104(e), inserted requirement
    for inclusion of citizen comments in the performance reports and
    Secretary's consideration of the comments and inserted provision
    for adjustment of grants under section 5306(d)(2) and (f)(1)(B) of
    this title without recapture of expended funds or deduction from
    future grants.
      Subsec. (e). Pub. L. 95-128, Sec. 104(f), inserted provisions
    respecting State participation in selection process for funding the
    grants.
      Subsec. (i). Pub. L. 95-128, Sec. 104(g), added subsec. (i).
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-233 applicable with respect to any
    amounts made available to carry out subchapter II (Sec. 12721 et
    seq.) of chapter 130 of this title after Apr. 11, 1994, and any
    amounts made available to carry out that subchapter before that
    date that remain uncommitted on that date, with Secretary to issue
    any regulations necessary to carry out such amendment not later
    than end of 45-day period beginning on that date, see section 209
    of Pub. L. 103-233, set out as a note under section 5301 of this
    title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 509(b) of Pub. L. 100-242 provided that: ''The amendment
    made by subsection (a) (amending this section) shall take effect on
    October 1, 1988.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 of this
    title.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by sections 302(b), (d)-(f) and 309(d) of 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.
      Section 302(c)(2) of Pub. L. 97-35 provided that: ''The amendment
    made by paragraph (1) (amending this section) shall take effect on
    October 1, 1982.''
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section
    104 of Pub. L. 95-557, set out as a note under section 1709 of
    Title 12, Banks and Banking.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
            COMPUTERIZED DATABASE OF COMMUNITY DEVELOPMENT NEEDS
      Section 852 of Pub. L. 102-550 provided that:
      ''(a) Establishment of Demonstration Program. - Not later than
    the expiration of the 1-year period beginning on the date
    appropriations for the purposes of this section are made available,
    the Secretary of Housing and Urban Development (hereafter in this
    section referred to as the 'Secretary') shall establish and
    implement a demonstration program to determine the feasibility of
    assisting States and units of general local government to develop
    methods, utilizing contemporary computer technology, to -
        ''(1) monitor, inventory, and maintain current listings of the
      community development needs of the States and units of general
      local government; and
        ''(2) coordinate strategies within States (especially among
      various units of general local government) for meeting such
      needs.
      ''(b) Integrated Database System and Computer Mapping Tool. -
        ''(1) Development and purposes. - In carrying out the program
      under this section, the Secretary shall provide for the
      development of an integrated database system and computer mapping
      tool designed to efficiently (A) collect, store, process, and
      retrieve information relating to priority nonhousing community
      development needs within States, and (B) coordinate strategies
      for meeting such needs.  The integrated database system and
      computer mapping tool shall be designed in a manner to coordinate
      and facilitate the preparation of community development plans
      under section 104(m)(1) of the Housing and Community Development
      Act of 1974 (42 U.S.C. 5304(m)(1)) and to process any information
      necessary for such plans.
        ''(2) Availability to states. - The Secretary shall make the
      integrated database system and computer mapping tool developed
      pursuant to this subsection available to States without charge.
        ''(3) Coordination with existing technology. - The Secretary
      shall, to the extent practicable, utilize existing technologies
      and coordinate such activities with existing data systems to
      prevent duplication.
      ''(c) Technical Assistance. - Under the program under this
    section, the Secretary shall provide consultation and advice to
    States and units of general local government regarding the
    capabilities and advantages of the integrated database system and
    computer mapping tool developed pursuant to subsection (b) and
    assistance in installing and using the database system and mapping
    tool.
      ''(d) Grants. -
        ''(1) Authority and purpose. - The Secretary shall, to the
      extent amounts are made available under appropriation Acts
      pursuant to subsection (g), make grants to States for capital
      costs relating to installation and use of the integrated database
      system and computer mapping tool developed pursuant to subsection
      (b).
        ''(2) Limitations. - The Secretary may not make more than one
      grant under this subsection to any single State. The Secretary
      may not make a grant under this subsection to any single State in
      an amount exceeding $1,000,000.
        ''(3) Application and selection. - The Secretary shall provide
      for the form and manner of applications for grants under this
      subsection.  The Secretary shall establish criteria for the
      selection of States which have submitted applications to receive
      grants under this section and shall select recipients according
      to such criteria, which shall give priority to States having, on
      a long-term basis (as determined by the Secretary), levels of
      unemployment above the national average level.
      ''(e) State Coordination of Local Needs. - Each State that
    receives a grant under subsection (d) shall annually submit to the
    Secretary a report containing a summary of the priority nonhousing
    community development needs within the State.
      ''(f) Reports by Secretary. - The Secretary shall annually submit
    to the Committees on Banking, Finance and Urban Affairs (now
    Committee on Banking and Financial Services) of the House of
    Representatives and Banking, Housing, and Urban Affairs of the
    Senate, a report containing a summary of the information submitted
    for the year by States pursuant to subsection (e), which shall
    describe the priority nonhousing community development needs within
    such States.
      ''(g) Authorization of Appropriations. - There are authorized to
    be appropriated for each of the fiscal years 1993 and 1994,
    $10,000,000 to carry out the program established under this
    section.''
       AUTHORITY TO PROVIDE LUMP-SUM PAYMENTS TO REVOLVING LOAN FUNDS
      Section 909 of Pub. L. 101-625 provided that:
      ''(a) In General. - Notwithstanding any other provision of law,
    units of general local government receiving assistance under title
    I of the Housing and Community Development Act of 1974 (42 U.S.C.
    5301 et seq.) may receive funds in one payment for use in
    establishing or supplementing revolving loan funds in the manner
    provided under section 104(h) of such Act (42 U.S.C. 5304(h)).
      ''(b) Applicability. - This section shall apply to funds approved
    in appropriations Acts for use under title I of the Housing and
    Community Development Act of 1974 for fiscal year 1992 and any
    fiscal year thereafter.''
                            REVOLVING LOAN FUNDS
      Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 752,
    provided: ''That after September 30, 1991, notwithstanding section
    909 of the Cranston-Gonzalez National Affordable Housing Act
    (Public Law 101-625) (set out above), no funds provided or
    heretofore provided in this or any other appropriations Act shall
    be used to establish or supplement a revolving fund under section
    104(h) of the Housing and Community Development Act of 1974 (42
    U.S.C. 5304(h)), as amended.''
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1365.
      Pub. L. 101-144, title II, Nov. 9, 1989, 103 Stat. 850.
       REPORT TO CONGRESS CONCERNING CONVERSION OF RENTAL HOUSING TO
                    CONDOMINIUM OR COOPERATIVE OWNERSHIP
      Section 109(b) of Pub. L. 96-153 directed Secretary of Housing
    and Urban Development, not later than six months after Dec. 12,
    1979, to submit a report to Congress concerning conversion of
    rental housing to condominium or cooperative ownership, which
    report was to include an estimate of number of such conversions
    which have occurred since 1970, a projection of number of such
    conversions estimated to occur during period 1980 through 1985, an
    assessment of impact that such conversions have had or are likely
    to have on availability of housing to lower income persons, an
    assessment of extent to which such conversions are concentrated in
    certain areas or types of areas of country, and an assessment of
    factors contributing to increase in such conversions, and which
    report was also to include recommendations concerning alternative
    means to minimize the adverse impact that such conversions may have
    on lower income persons.
                           FLOODPLAIN MANAGEMENT
      For provisions relating to reduction of risk of flood loss,
    minimization of impact of floods on human safety, health and
    welfare, and management of floodplains, see Ex. Ord. No. 11988, May
    24, 1977, 42 F.R. 26951, set out as a note under section 4321 of
    this title.
                           PROTECTION OF WETLANDS
      For provisions relating to protection of wetlands, see Ex. Ord.
    No. 11990, May 24, 1977, 42 F.R. 26961, set out as a note under
    section 4321 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1439, 5306, 5309, 5316,
    5318a, 11402, 12705 of this title.
 
-CITE-
    42 USC Sec. 5305                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5305. Activities eligible for assistance
 
-STATUTE-
    (a) Enumeration of eligible activities
      Activities assisted under this chapter may include only -
        (1) the acquisition of real property (including air rights,
      water rights, and other interests therein) which is (A) blighted,
      deteriorated, deteriorating, undeveloped, or inappropriately
      developed from the standpoint of sound community development and
      growth; (B) appropriate for rehabilitation or conservation
      activities; (C) appropriate for the preservation or restoration
      of historic sites, the beautification of urban land, the
      conservation of open spaces, natural resources, and scenic areas,
      the provision of recreational opportunities, or the guidance of
      urban development; (D) to be used for the provision of public
      works, facilities, and improvements eligible for assistance under
      this chapter; or (E) to be used for other public purposes;
        (2) the acquisition, construction, reconstruction, or
      installation (including design features and improvements with
      respect to such construction, reconstruction, or installation
      that promote energy efficiency) of public works, facilities
      (except for buildings for the general conduct of government), and
      site or other improvements;
        (3) code enforcement in deteriorated or deteriorating areas in
      which such enforcement, together with public or private
      improvements or services to be provided, may be expected to
      arrest the decline of the area;
        (4) clearance, demolition, removal, reconstruction, and
      rehabilitation (including rehabilitation which promotes energy
      efficiency) of buildings and improvements (including interim
      assistance, and financing public or private acquisition for
      reconstruction or rehabilitation, and reconstruction or
      rehabilitation, of privately owned properties, and including the
      renovation of closed school buildings);
        (5) special projects directed to the removal of material and
      architectural barriers which restrict the mobility and
      accessibility of elderly and handicapped persons;
        (6) payments to housing owners for losses of rental income
      incurred in holding for temporary periods housing units to be
      utilized for the relocation of individuals and families displaced
      by activities under this chapter;
        (7) disposition (through sale, lease, donation, or otherwise)
      of any real property acquired pursuant to this chapter or its
      retention for public purposes;
        (8) provision of public services, including but not limited to
      those concerned with employment, crime prevention, child care,
      health, drug abuse, education, energy conservation, welfare or
      recreation needs, if such services have not been provided by the
      unit of general local government (through funds raised by such
      unit, or received by such unit from the State in which it is
      located) during any part of the twelve-month period immediately
      preceding the date of submission of the statement with respect to
      which funds are to be made available under this chapter, and
      which are to be used for such services, unless the Secretary
      finds that the discontinuation of such services was the result of
      events not within the control of the unit of general local
      government, except that not more than 15 per centum of the amount
      of any assistance to a unit of general local government (or in
      the case of nonentitled communities not more than 15 per centum
      statewide) under this chapter including program income may be
      used for activities under this paragraph unless such unit of
      general local government used more than 15 percent of the
      assistance received under this chapter for fiscal year 1982 or
      fiscal year 1983 for such activities (excluding any assistance
      received pursuant to Public Law 98-8), in which case such unit of
      general local government may use not more than the percentage or
      amount of such assistance used for such activities for such
      fiscal year, whichever method of calculation yields the higher
      amount, except that of any amount of assistance under this
      chapter (including program income) in each of fiscal years 1993
      through 2000 to the City of Los Angeles and County of Los
      Angeles, each such unit of general government may use not more
      than 25 percent in each such fiscal year for activities under
      this paragraph, and except that of any amount of assistance under
      this chapter (including program income) in each of fiscal years
      1999, 2000, and 2001, to the City of Miami, such city may use not
      more than 25 percent in each fiscal year for activities under
      this paragraph;
        (9) payment of the non-Federal share required in connection
      with a Federal grant-in-aid program undertaken as part of
      activities assisted under this chapter;
        (10) payment of the cost of completing a project funded under
      title I of the Housing Act of 1949 (42 U.S.C. 1450 et seq.);
        (11) relocation payments and assistance for displaced
      individuals, families, businesses, organizations, and farm
      operations, when determined by the grantee to be appropriate;
        (12) activities necessary (A) to develop a comprehensive
      community development plan, and (B) to develop a
      policy-planning-management capacity so that the recipient of
      assistance under this chapter may more rationally and effectively
      (i) determine its needs, (ii) set long-term goals and short-term
      objectives, (iii) devise programs and activities to meet these
      goals and objectives, (iv) evaluate the progress of such programs
      in accomplishing these goals and objectives, and (v) carry out
      management, coordination, and monitoring of activities necessary
      for effective planning implementation;
        (13) payment of reasonable administrative costs related to
      establishing and administering federally approved enterprise
      zones and payment of reasonable administrative costs and carrying
      charges related to (A) administering the HOME program under title
      II of the Cranston-Gonzalez National Affordable Housing Act (42
      U.S.C. 12721 et seq.); and (B) the planning and execution of
      community development and housing activities, including the
      provision of information and resources to residents of areas in
      which community development and housing activities are to be
      concentrated with respect to the planning and execution of such
      activities, and including the carrying out of activities as
      described in section 461(e) (FOOTNOTE 1) of title 40 on August
      12, 1981;
       (FOOTNOTE 1) See References in Text note below.
        (14) provision of assistance including loans (both interim and
      long-term) and grants for activities which are carried out by
      public or private nonprofit entities, including (A) acquisition
      of real property; (B) acquisition, construction, reconstruction,
      rehabilitation, or installation of (i) public facilities (except
      for buildings for the general conduct of government), site
      improvements, and utilities, and (ii) commercial or industrial
      buildings or structures and other commercial or industrial real
      property improvements; and (C) planning;
        (15) assistance to neighborhood-based nonprofit organizations,
      local development corporations, nonprofit organizations serving
      the development needs of the communities in nonentitlement areas,
      or entities organized under section 681(d) (FOOTNOTE 1) of title
      15 to carry out a neighborhood revitalization or community
      economic development or energy conservation project in
      furtherance of the objectives of section 5301(c) of this title,
      and assistance to neighborhood-based nonprofit organizations, or
      other private or public nonprofit organizations, for the purpose
      of assisting, as part of neighborhood revitalization or other
      community development, the development of shared housing
      opportunities (other than by construction of new facilities) in
      which elderly families (as defined in section 1437a(b)(3) of this
      title) benefit as a result of living in a dwelling in which the
      facilities are shared with others in a manner that effectively
      and efficiently meets the housing needs of the residents and
      thereby reduces their cost of housing;
        (16) activities necessary to the development of energy use
      strategies related to a recipient's development goals, to assure
      that those goals are achieved with maximum energy efficiency,
      including items such as -
          (A) an analysis of the manner in, and the extent to, which
        energy conservation objectives will be integrated into local
        government operations, purchasing and service delivery, capital
        improvements budgeting, waste management, district heating and
        cooling, land use planning and zoning, and traffic control,
        parking, and public transportation functions; and
          (B) a statement of the actions the recipient will take to
        foster energy conservation and the use of renewable energy
        resources in the private sector, including the enactment and
        enforcement of local codes and ordinances to encourage or
        mandate energy conservation or use of renewable energy
        resources, financial and other assistance to be provided
        (principally for the benefit of low- and moderate-income
        persons) to make energy conserving improvements to residential
        structures, and any other proposed energy conservation
        activities;
        (17) provision of assistance to private, for-profit entities,
      when the assistance is appropriate to carry out an economic
      development project (that shall minimize, to the extent
      practicable, displacement of existing businesses and jobs in
      neighborhoods) that -
          (A) creates or retains jobs for low- and moderate-income
        persons;
          (B) prevents or eliminates slums and blight;
          (C) meets urgent needs;
          (D) creates or retains businesses owned by community
        residents;
          (E) assists businesses that provide goods or services needed
        by, and affordable to, low- and moderate-income residents; or
          (F) provides technical assistance to promote any of the
        activities under subparagraphs (A) through (E);
        (18) the rehabilitation or development of housing assisted
      under section 1437o (FOOTNOTE 2) of this title;
       (FOOTNOTE 2) See References in Text note below.
        (19) provision of technical assistance to public or nonprofit
      entities to increase the capacity of such entities to carry out
      eligible neighborhood revitalization or economic development
      activities, which assistance shall not be considered a planning
      cost as defined in paragraph (12) or administrative cost as
      defined in paragraph (13);
        (20) housing services, such as housing counseling in connection
      with tenant-based rental assistance and affordable housing
      projects assisted under title II of the Cranston-Gonzalez
      National Affordable Housing Act (42 U.S.C. 12721 et seq.), energy
      auditing, preparation of work specifications, loan processing,
      inspections, tenant selection, management of tenant-based rental
      assistance, and other services related to assisting owners,
      tenants, contractors, and other entities, participating or
      seeking to participate in housing activities assisted under title
      II of the Cranston-Gonzalez National Affordable Housing Act;
        (21) provision of assistance by recipients under this chapter
      to institutions of higher education having a demonstrated
      capacity to carry out eligible activities under this subsection
      for carrying out such activities;
        (22) provision of assistance to public and private
      organizations, agencies, and other entities (including nonprofit
      and for-profit entities) to enable such entities to facilitate
      economic development by -
          (A) providing credit (including providing direct loans and
        loan guarantees, establishing revolving loan funds, and
        facilitating peer lending programs) for the establishment,
        stabilization, and expansion of microenterprises;
          (B) providing technical assistance, advice, and business
        support services (including assistance, advice, and support
        relating to developing business plans, securing funding,
        conducting marketing, and otherwise engaging in microenterprise
        activities) to owners of microenterprises and persons
        developing microenterprises; and
          (C) providing general support (such as peer support programs
        and counseling) to owners of microenterprises and persons
        developing microenterprises;
        (23) activities necessary to make essential repairs and to pay
      operating expenses necessary to maintain the habitability of
      housing units acquired through tax foreclosure proceedings in
      order to prevent abandonment and deterioration of such housing in
      primarily low- and moderate-income neighborhoods;
        (24) provision of direct assistance to facilitate and expand
      homeownership among persons of low and moderate income (except
      that such assistance shall not be considered a public service for
      purposes of paragraph (8)) by using such assistance to -
          (A) subsidize interest rates and mortgage principal amounts
        for low- and moderate-income homebuyers;
          (B) finance the acquisition by low- and moderate-income
        homebuyers of housing that is occupied by the homebuyers;
          (C) acquire guarantees for mortgage financing obtained by
        low- and moderate-income homebuyers from private lenders
        (except that amounts received under this chapter may not be
        used under this subparagraph to directly guarantee such
        mortgage financing and grantees under this chapter may not
        directly provide such guarantees);
          (D) provide up to 50 percent of any downpayment required from
        low- or moderate-income homebuyer; or
          (E) pay reasonable closing costs (normally associated with
        the purchase of a home) incurred by a low- or moderate-income
        homebuyer; and
        (25) lead-based paint hazard evaluation and reduction, as
      defined in section 4851b of this title.
    (b) Reimbursement of Secretary for administrative services
        connected with rehabilitation of properties
      Upon the request of the recipient of assistance under this
    chapter, the Secretary may agree to perform administrative services
    on a reimbursable basis on behalf of such recipient in connection
    with loans or grants for the rehabilitation of properties as
    authorized under subsection (a)(4) of this section.
    (c) Activities benefiting persons of low and moderate income
      (1) In any case in which an assisted activity described in
    paragraph (14) or (17) of subsection (a) of this section is
    identified as principally benefiting persons of low and moderate
    income, such activity shall -
        (A) be carried out in a neighborhood consisting predominately
      of persons of low and moderate income and provide services for
      such persons; or
        (B) involve facilities designed for use predominately by
      persons of low and moderate income; or
        (C) involve employment of persons, a majority of whom are
      persons of low and moderate income.
      (2)(A) In any case in which an assisted activity described in
    subsection (a) of this section is designed to serve an area
    generally and is clearly designed to meet identified needs of
    persons of low and moderate income in such area, such activity
    shall be considered to principally benefit persons of low and
    moderate income if (i) not less than 51 percent of the residents of
    such area are persons of low and moderate income; (ii) in any
    metropolitan city or urban county, the area served by such activity
    is within the highest quartile of all areas within the jurisdiction
    of such city or county in terms of the degree of concentration of
    persons of low and moderate income; or (iii) the assistance for
    such activity is limited to paying assessments (including any
    charge made as a condition of obtaining access) levied against
    properties owned and occupied by persons of low and moderate income
    to recover the capital cost for a public improvement.
      (B) The requirements of subparagraph (A) do not prevent the use
    of assistance under this chapter for the development,
    establishment, and operation for not to exceed 2 years after its
    establishment of a uniform emergency telephone number system if the
    Secretary determines that -
        (i) such system will contribute substantially to the safety of
      the residents of the area served by such system;
        (ii) not less than 51 percent of the use of the system will be
      by persons of low and moderate income; and
        (iii) other Federal funds received by the grantee are not
      available for the development, establishment, and operation of
      such system due to the insufficiency of the amount of such funds,
      the restrictions on the use of such funds, or the prior
      commitment of such funds for other purposes by the grantee.
    The percentage of the cost of the development, establishment, and
    operation of such a system that may be paid from assistance under
    this chapter and that is considered to benefit low and moderate
    income persons is the percentage of the population to be served
    that is made up of persons of low and moderate income.
      (3) Any assisted activity under this chapter that involves the
    acquisition or rehabilitation of property to provide housing shall
    be considered to benefit persons of low and moderate income only to
    the extent such housing will, upon completion, be occupied by such
    persons.
      (4) For the purposes of subsection (c)(1)(C) of this section -
        (A) if an employee resides in, or the assisted activity through
      which he or she is employed, is located in a census tract that
      meets the Federal enterprise zone eligibility criteria, the
      employee shall be presumed to be a person of low- or
      moderate-income; or
        (B) if an employee resides in a census tract where not less
      than 70 percent of the residents have incomes at or below 80
      percent of the area median, the employee shall be presumed to be
      a person of low or moderate income.
    (d) Training program
      The Secretary shall implement, using funds recaptured pursuant to
    section 5318(o) of this title, an on-going education and training
    program for officers and employees of the Department, especially
    officers and employees of area and other field offices of the
    Department, who are responsible for monitoring and administering
    activities pursuant to paragraphs (14), (15), and (17) of
    subsection (a) of this section for the purpose of ensuring that (A)
    such personnel possess a thorough understanding of such activities;
    and (B) regulations and guidelines are implemented in a consistent
    fashion.
    (e) Guidelines for evaluating and selecting economic development
        projects
      (1) Establishment
        The Secretary shall establish, by regulation, guidelines to
      assist grant recipients under this chapter to evaluate and select
      activities described in subsection (a)(14), (15), and (17) of
      this section for assistance with grant amounts.  The Secretary
      shall not base a determination of eligibility of the use of funds
      under this chapter for such assistance solely on the basis that
      the recipient fails to achieve one or more of the guidelines'
      objectives as stated in paragraph (2).
      (2) Project costs and financial requirements
        The guidelines established under this subsection shall include
      the following objectives:
          (A) The project costs of such activities are reasonable.
          (B) To the extent practicable, reasonable financial support
        has been committed for such activities from non-Federal sources
        prior to disbursement of Federal funds.
          (C) To the extent practicable, any grant amounts to be
        provided for such activities do not substantially reduce the
        amount of non-Federal financial support for the activity.
          (D) Such activities are financially feasible.
          (E) To the extent practicable, such activities provide not
        more than a reasonable return on investment to the owner.
          (F) To the extent practicable, grant amounts used for the
        costs of such activities are disbursed on a pro rata basis with
        amounts from other sources.
      (3) Public benefit
        The guidelines established under this subsection shall provide
      that the public benefit provided by the activity is appropriate
      relative to the amount of assistance provided with grant amounts
      under this chapter.
    (f) Assistance to for-profit entities
      In any case in which an activity described in paragraph (17) of
    subsection (a) of this section is provided assistance such
    assistance shall not be limited to activities for which no other
    forms of assistance are available or could not be accomplished but
    for that assistance.
    (g) Microenterprise and small business program requirements
      In developing program requirements and providing assistance
    pursuant to paragraph (17) of subsection (a) of this section to a
    microenterprise or small business, the Secretary shall -
        (1) take into account the special needs and limitations arising
      from the size of the entity; and
        (2) not consider training, technical assistance, or other
      support services costs provided to small businesses or
      microenterprises or to grantees and subgrantees to develop the
      capacity to provide such assistance, as a planning cost pursuant
      to subsection (a)(12) of this section or an administrative cost
      pursuant to subsection (a)(13) of this section.
    (h) Prohibition on use of assistance for employment relocation
        activities
      Notwithstanding any other provision of law, no amount from a
    grant under section 5306 of this title made in fiscal year 1999 or
    any succeeding fiscal year may be used to assist directly in the
    relocation of any industrial or commercial plant, facility, or
    operation, from 1 area to another area, if the relocation is likely
    to result in a significant loss of employment in the labor market
    area from which the relocation occurs.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 105, Aug. 22, 1974, 88 Stat. 641;
    Pub. L. 94-375, Sec. 15(b), Aug. 3, 1976, 90 Stat. 1076; Pub. L.
    95-128, title I, Sec. 105, Oct. 12, 1977, 91 Stat. 1116; Pub. L.
    95-557, title I, Sec. 103(e), Oct. 31, 1978, 92 Stat. 2084; Pub. L.
    96-399, title I, Sec. 104(c)-(e), Oct. 8, 1980, 94 Stat. 1616-1618;
    Pub. L. 97-35, title III, Sec. 303(a), 309(e)-(g), Aug. 13, 1981,
    95 Stat. 387, 396; Pub. L. 98-181, title I, Sec. 105(a), (b)(1),
    (c)-(e), title III, Sec. 302(a), Nov. 30, 1983, 97 Stat. 1163,
    1164, 1206; Pub. L. 98-479, title I, Sec. 101(a)(8), (9)(A), Oct.
    17, 1984, 98 Stat. 2219; Pub. L. 100-242, title V, Sec. 504, 510,
    511, Feb. 5, 1988, 101 Stat. 1925, 1929; Pub. L. 100-404, title I,
    Aug. 19, 1988, 102 Stat. 1019; Pub. L. 101-625, title IX, Sec. 907,
    908, Nov. 28, 1990, 104 Stat. 4387, 4389; Pub. L. 102-550, title
    VIII, Sec. 805, 806(a), (b), (c), 807(a), (b)(3), (c)(1), (d)-(f),
    809, title X, Sec. 1012(f), Oct. 28, 1992, 106 Stat. 3846, 3847,
    3849, 3850, 3905; Pub. L. 103-195, Sec. 2(a), Dec. 14, 1993, 107
    Stat. 2297; Pub. L. 103-233, title II, Sec. 207, Apr. 11, 1994, 108
    Stat. 365; Pub. L. 104-134, title I, Sec. 101(e) (title II, Sec.
    225), Apr. 26, 1996, 110 Stat. 1321-257, 1321-291; renumbered title
    I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L.
    104-204, title II, Sec. 220, Sept. 26, 1996, 110 Stat. 2906; Pub.
    L. 105-276, title II, Sec. 218, 232, title V, Sec. 588, 596(a),
    Oct. 21, 1998, 112 Stat. 2487, 2492, 2651, 2659.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Public Law 98-8, referred to in subsec. (a)(8), is Pub. L. 98-8,
    Mar. 24, 1983, 97 Stat. 13. Provisions of that Act relating to
    assistance under this chapter are not classified to the Code. For
    complete classification of this Act to the Code, see Tables.
      The Housing Act of 1949, referred to in subsec. (a)(10), is act
    July 15, 1949, ch. 338, 63 Stat. 413, as amended.  Title I of the
    Housing Act of 1949 was classified generally to subchapter II (Sec.
    1450 et seq.) of chapter 8A of this title, and was omitted from the
    Code pursuant to section 5316 of this title which terminated
    authority to make grants and loans under such title I after Jan. 1,
    1975. For complete classification of this Act to the Code, see
    Short Title note set out under section 1441 of this title and
    Tables.
      The Cranston-Gonzalez National Affordable Housing Act, referred
    to in subsec. (a)(13)(A), (20), is Pub. L. 101-625, Nov. 28, 1990,
    104 Stat. 4079. Title II of the Act, known as the HOME Investment
    Partnerships Act, is classified principally to subchapter II (Sec.
    12721 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 461(e) of title 40, referred to in subsec. (a)(13)(B),
    was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug. 13,
    1981, 95 Stat. 398.
      Section 681(d) of title 15, referred to in subsec. (a)(15), was
    repealed by Pub. L. 104-208, div.  D, title II, Sec. 208(b)(3)(A),
    Sept. 30, 1996, 110 Stat. 3009-742.
      Section 1437o of this title, referred to in subsec. (a)(18), was
    repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
    104 Stat. 4128.
 
-COD-
                                CODIFICATION
      In subsec. (a)(13), ''August 12, 1981'' substituted for ''the
    date prior to the date of enactment of the Housing and Community
    Development Amendments of 1981''.
 
-MISC3-
                                 AMENDMENTS
      1998 - Subsec. (a)(8). Pub. L. 105-276, Sec. 596(a), which
    directed the substitution of ''2000'' for ''1998'', was executed by
    substituting ''2000'' for ''1999'', to reflect the probable intent
    of Congress and the amendment by Pub. L. 105-276, Sec. 218, see
    below.
      Pub. L. 105-276, Sec. 232, substituted ''each of fiscal years
    1999, 2000, and 2001, to the City of Miami, such city may use not
    more than 25 percent in each fiscal year for activities under this
    paragraph;'' for ''fiscal year 1994 to the City of Pittsburgh,
    Pennsylvania, such city may use not more than 20 percent in each
    such fiscal year for activities under this paragraph;''.
      Pub. L. 105-276, Sec. 218, substituted ''1999'' for ''1998''.
      Subsec. (h). Pub. L. 105-276, Sec. 588, added subsec. (h).
      1996 - Subsec. (a)(4). Pub. L. 104-134, Sec. 101((e)) (title II,
    Sec. 225(1)), inserted ''reconstruction,'' after ''removal,'' and
    substituted ''acquisition for reconstruction or rehabilitation, and
    reconstruction or rehabilitation'' for ''acquisition for
    rehabilitation, and rehabilitation''.
      Subsec. (a)(8). Pub. L. 104-204 substituted ''through 1998'' for
    ''through 1997''.
      Subsec. (a)(13). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(2)), struck out ''and'' at end.
      Subsec. (a)(19). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(3), (6)), redesignated par. (20) as (19) and struck out former
    par. (19) which read as follows: ''provision of assistance to
    facilitate substantial reconstruction of housing owned and occupied
    by low and moderate income persons (A) where the need for the
    reconstruction was not determinable until after rehabilitation
    under this section had already commenced, or (B) where the
    reconstruction is part of a neighborhood rehabilitation effort and
    the grantee (i) determines the housing is not suitable for
    rehabilitation, and (ii) demonstrates to the satisfaction of the
    Secretary that the cost of substantial reconstruction is
    significantly less than the cost of new construction and less than
    the fair market value of the property after substantial
    reconstruction;''.
      Subsec. (a)(20). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(6)), redesignated par. (21) relating to housing services as
    (20). Former par. (20) redesignated (19).
      Subsec. (a)(21). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(6)), redesignated par. (22) as (21). Former par. (21), relating
    to housing services, redesignated (20). Another former par. (21),
    relating to lead-based paint hazard evaluation and reduction,
    redesignated (25).
      Subsec. (a)(22). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(6)), redesignated par. (23) as (22). Former par. (22)
    redesignated (21).
      Subsec. (a)(23). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(4), (6)), redesignated par. (24) as (23) and struck out ''and''
    at end.  Former par. (23) redesignated (22).
      Subsec. (a)(24). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(5), (6)), redesignated par. (25) as (24) and substituted '';
    and'' for period at end.  Former par. (24) redesignated (23).
      Subsec. (a)(25). Pub. L. 104-134, Sec. 101(e) (title II, Sec.
    225(7)), redesignated par. (21) relating to lead-based paint hazard
    evaluation and reduction as (25). Former par. (25) redesignated
    (24).
      1994 - Subsec. (a)(13). Pub. L. 103-233, Sec. 207(a), inserted
    cl. (A) and designated provisions after cl. (A) as cl. (B).
      Subsec. (a)(21). Pub. L. 103-233, Sec. 207(b), inserted ''in
    connection with tenant-based rental assistance and affordable
    housing projects assisted under title II of the Cranston-Gonzalez
    National Affordable Housing Act'' after ''housing counseling'' and
    substituted ''assisted under title II of the Cranston-Gonzalez
    National Affordable Housing Act'' for ''authorized under this
    section, or under title II of the Cranston-Gonzalez National
    Affordable Housing Act, except that activities under this paragraph
    shall be subject to any limitation on administrative expenses
    imposed by any law''.
      1993 - Subsec. (a)(8). Pub. L. 103-195 struck out ''and'' after
    ''higher amount,'' and inserted before semicolon at end '', and
    except that of any amount of assistance under this chapter
    (including program income) in fiscal year 1994 to the City of
    Pittsburgh, Pennsylvania, such city may use not more than 20
    percent in each such fiscal year for activities under this
    paragraph''.
      1992 - Subsec. (a)(3). Pub. L. 102-550, Sec. 807(e), substituted
    ''public or private improvements or'' for ''public improvements
    and''.
      Subsec. (a)(8). Pub. L. 102-550, Sec. 807(a)(1), inserted before
    semicolon at end '', and except that of any amount of assistance
    under this chapter (including program income) in each of fiscal
    years 1993 through 1997 to the City of Los Angeles and County of
    Los Angeles, each such unit of general government may use not more
    than 25 percent in each such fiscal year for activities under this
    paragraph''.
      Subsec. (a)(13). Pub. L. 102-550, Sec. 809, inserted ''payment of
    reasonable administrative costs related to establishing and
    administering federally approved enterprise zones and'' after
    ''(13)''.
      Subsec. (a)(14). Pub. L. 102-550, Sec. 807(d), inserted
    ''provision of assistance including loans (both interim and
    long-term) and grants for'' before ''activities''.
      Subsec. (a)(15). Pub. L. 102-550, Sec. 807(f), inserted
    ''nonprofit organizations serving the development needs of the
    communities in nonentitlement areas,'' after ''corporations,''.
      Subsec. (a)(20). Pub. L. 102-550, Sec. 807(a)(2)-(4), added par.
    (20) and redesignated former par. (20) as (25).
      Subsec. (a)(21). Pub. L. 102-550, Sec. 1012(f), added par. (21)
    relating to lead-based paint hazard evaluation and reduction.
      Pub. L. 102-550, Sec. 807(a)(2)-(4), added par. (21) relating to
    housing services.
      Subsec. (a)(22). Pub. L. 102-550, Sec. 807(a)(2)-(4), added par.
    (22).
      Subsec. (a)(23) to (25). Pub. L. 102-550, Sec. 807(b)(3), amended
    directory language of Pub. L. 101-625, Sec. 907(b)(2). See 1990
    Amendment note below.
      Pub. L. 102-550, Sec. 807(a)(2)-(4), added pars. (23) and (24)
    and redesignated former par. (20) as (25).
      Subsec. (c)(4). Pub. L. 102-550, Sec. 806(e), added par. (4).
      Subsec. (d). Pub. L. 102-550, Sec. 805, added subsec. (d).
      Subsec. (e). Pub. L. 102-550, Sec. 806(a), added subsec. (e).
      Subsec. (f). Pub. L. 102-550, Sec. 806(b), added subsec. (f).
      Subsec. (g). Pub. L. 102-550, Sec. 807(c)(1), added subsec. (g).
      1990 - Subsec. (a)(8). Pub. L. 101-625, Sec. 908, inserted ''(or
    in the case of nonentitled communities not more than 15 per centum
    statewide)'' after ''assistance to a unit of general local
    government'' and ''including program income'' before ''may be used
    for activities''.
      Subsec. (a)(17). Pub. L. 101-625, Sec. 907(a), amended par. (17)
    generally.  Prior to amendment, par. (17) read as follows:
    ''provision of assistance to private, for-profit entities, when the
    assistance is necessary or appropriate to carry out an economic
    development project;''.
      Subsec. (a)(20). Pub. L. 101-625, Sec. 907(b)(1), added par.
    (20).
      Subsec. (a)(23) to (25). Pub. L. 101-625, Sec. 907(b)(2), as
    amended by Pub. L. 102-550, Sec. 807(b)(3), directed the amendment
    of subsec. (a) by inserting ''and'' at end of par. (23),
    substituting a period for ''; and'' at end of par. (24), and
    striking out par. (25). This amendment was not executed pursuant to
    Pub. L. 104-204 which provided that subsec. (a)(25) shall continue
    to be effective and the termination and conforming provisions of
    section 907(b)(2) of Pub. L. 101-625 shall not be effective.  See
    Effective Date of 1990 Amendments note below.
      1988 - Subsec. (a)(15). Pub. L. 100-242, Sec. 504(a), substituted
    ''assistance'' for ''grants'' in two places.
      Subsec. (a)(16). Pub. L. 100-242, Sec. 504(b), amended par. (16)
    generally, revising and restating as subpars. (A) and (B)
    provisions of former subpars. (A) to (I).
      Subsec. (a)(19). Pub. L. 100-242, Sec. 510, added par. (19).
      Subsec. (c)(2). Pub. L. 100-242, Sec. 511, designated existing
    provision as subpar. (A), redesignated subpars. (A) and (B) as cls.
    (i) and (ii), respectively, and added subpar. (B).
      Subsec. (c)(2)(A)(iii). Pub. L. 100-404 added cl. (iii).
      1984 - Subsec. (a)(8). Pub. L. 98-479, Sec. 101(a)(8)(A),
    inserted ''fiscal year 1982 or''.
      Subsec. (a)(15). Pub. L. 98-479, Sec. 101(a)(8)(B), substituted
    ''and'' for ''including'' before ''grants to neighborhood-based
    nonprofit organizations''.
      Subsec. (c)(2)(B). Pub. L. 98-479, Sec. 101(a)(9)(A), substituted
    ''in any metropolitan city or urban county, the area served by such
    activity is within the highest quartile of all areas within the
    jurisdiction of such city or county in terms of the degree of
    concentration of persons of low and moderate income'' for ''in any
    jurisdiction having no areas meeting the requirements of
    subparagraph (A), the area served by such activity has a larger
    proportion of persons of low and moderate income than not less than
    75 percent of the other areas in the jurisdiction of the
    recipient''.
      1983 - Subsec. (a)(2). Pub. L. 98-181, Sec. 105(a), amended par.
    (2) generally, inserting exception for buildings for the general
    conduct of government, and striking out provisions which enumerated
    types of public works, facilities, and site or other improvements,
    including neighborhood facilities, centers for the handicapped,
    senior centers, historic properties, etc.
      Subsec. (a)(8). Pub. L. 98-181, Sec. 105(b)(1), substituted ''not
    more than 15 per centum'' for ''not more than 10 per centum'' and
    inserted at the end thereof ''unless such unit of general local
    government used more than 15 percent of the assistance received
    under this chapter for fiscal year 1983 for such activities
    (excluding any assistance received pursuant to Public Law 98-8), in
    which case such unit of general local government may use not more
    than the percentage or amount of such assistance used for such
    activities for such fiscal year, whichever method of calculation
    yields the higher amount''.
      Subsec. (a)(14). Pub. L. 98-181, Sec. 105(c), substituted
    ''public facilities (except for buildings for the general conduct
    of government)'' for ''public facilities''.
      Subsec. (a)(15). Pub. L. 98-181, Sec. 105(d), inserted provision
    for assistance for shared housing facilities for elderly families,
    as defined in section 1437a(b)(3) of this title.
      Subsec. (a)(18). Pub. L. 98-181, Sec. 302(a), added par. (18).
      Subsec. (c). Pub. L. 98-181, Sec. 105(e), added subsec. (c).
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 309(f)(1), in provisions
    preceding par. (1) substituted provisions relating to activities
    eligible for assistance for provisions relating to activities of a
    Community Development Program eligible for assistance.
      Subsec. (a)(6). Pub. L. 97-35, Sec. 309(f)(2), struck out
    ''program'' after ''displaced by''.
      Subsec. (a)(8). Pub. L. 97-35, Sec. 303(a)(1), added new par. (8)
    which generally revised and restructured provisions relating to
    provision of public services if such services have not been
    provided by the relevant unit of local government or State in which
    such unit is located, and limited amount of assistance under this
    paragraph to not more than 10 per centum of the amount of any
    assistance to a unit of general local government under this
    chapter.
      Subsec. (a)(9). Pub. L. 97-35, Sec. 309(f)(3), substituted
    ''activities assisted under this chapter'' for ''Community
    Development Program''.
      Subsec. (a)(11). Pub. L. 97-35, Sec. 309(f)(4), struck out ''to
    the community development program'' after ''appropriate''.
      Subsec. (a)(13). Pub. L. 97-35, Sec. 303(a)(2), inserted
    reference to the carrying out of activities as described in section
    461(e) of title 40 on Aug. 12, 1981.
      Subsec. (a)(14). Pub. L. 97-35, Sec. 309(f)(5), substituted
    ''which are carried out by public or private non-profit entities''
    for ''(as specifically described in the application submitted
    pursuant to section 5304 of this title) which are carried out by
    public or private non-profit entities when such activities are
    necessary or appropriate to meeting the needs and objectives of the
    community development plan described in section 5304(a)(1) of this
    title''.
      Subsec. (a)(15). Pub. L. 97-35, Sec. 309(f)(6), struck out ''(as
    specifically described in the application submitted pursuant to
    section 5304 of this title)'' after ''conservation project''.
      Subsec. (a)(17). Pub. L. 97-35, Sec. 303(a)(5), added par. (17).
      Subsec. (b). Pub. L. 97-35, Sec. 309(g), substituted
    ''assistance'' for ''a grant''.
      1980 - Subsec. (a)(2). Pub. L. 96-399, Sec. 104(c)(1), inserted
    provisions respecting design features and improvements, power
    generation and distribution facilities, park, etc., facilities, and
    recycling and conversion facilities.
      Subsec. (a)(4). Pub. L. 96-399, Sec. 104(c)(2), (d), inserted
    provisions respecting rehabilitation which promotes energy
    efficiency and the renovation of closed school buildings.
      Subsec. (a)(8). Pub. L. 96-399, Sec. 104(c)(3), inserted
    reference to energy conservation.
      Subsec. (a)(14). Pub. L. 96-399, Sec. 104(c)(5), (e)(1), inserted
    provision respecting the application pursuant to section 5304 of
    this title.
      Subsec. (a)(15). Pub. L. 96-399, Sec. 104(c)(4), (5), (e)(2),
    inserted provisions respecting energy conservation, and the
    application submitted pursuant to section 5304 of this title.
      Subsec. (a)(16). Pub. L. 96-399, Sec. 104(c)(5), added par. (16).
      1978 - Subsec. (a)(11). Pub. L. 95-557 inserted ''displaced''
    after ''payments and assistance for'' and substituted ''when
    determined by the grantee to be appropriate to the community
    development program'' for ''displaced by activities assisted under
    this chapter''.
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 105(a), inserted in
    introductory text description of activities covered including the
    words ''These activities''.
      Subsec. (a)(4). Pub. L. 95-128, Sec. 105(b), substituted
    ''(including interim assistance, and financing public or private
    acquisition for rehabilitation, and rehabilitation, of privately
    owned properties)'' for ''(including interim assistance and
    financing rehabilitation of privately owned properties when
    incidental to other activities)''.
      Subsec. (a)(8). Pub. L. 95-128, Sec. 105(c), struck out from cl.
    (A) ''economic development,'' before ''crime prevention'' and
    authorized the program to provide public services only if such
    services have not been provided by the unit of general local
    government during any part of the twelve-month period preceding the
    date of application submission for funds to be made available under
    this chapter, and to be utilized for such services, unless the
    Secretary finds that the discontinuation of such services was the
    result of events not within the control of the applicant.
      Subsec. (a)(14), (15). Pub. L. 95-128, Sec. 105(d), added pars.
    (14) and (15).
      1976 - Subsec. (a)(2). Pub. L. 94-375 inserted ''centers for the
    handicapped,'' after ''neighborhood facilities,''.
                      EFFECTIVE DATE OF 1998 AMENDMENT
      Amendment by title V of Pub. L. 105-276 effective and applicable
    beginning upon Oct. 1, 1999, except as otherwise provided, with
    provision that Secretary may implement amendment before such date,
    except to extent that such amendment provides otherwise, and with
    savings provision, see section 503 of Pub. L. 105-276, set out as a
    note under section 1437 of this title.
      Pub. L. 105-276, title V, Sec. 596(b), Oct. 21, 1998, 112 Stat.
    2659, provided that: ''The amendment made by this section (amending
    this section) is made on, and shall apply beginning upon, the date
    of the enactment of this Act (Oct. 21, 1998).''
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-233 applicable with respect to any
    amounts made available to carry out subchapter II (Sec. 12721 et
    seq.) of chapter 130 of this title after Apr. 11, 1994, and any
    amounts made available to carry out that subchapter before that
    date that remain uncommitted on that date, with Secretary to issue
    any regulations necessary to carry out such amendment not later
    than end of 45-day period beginning on that date, see section 209
    of Pub. L. 103-233, set out as a note under section 5301 of this
    title.
                     EFFECTIVE DATE OF 1990 AMENDMENTS
      Title II of Pub. L. 104-204, Sept. 26, 1996, 110 Stat. 2882,
    2887, provided in part: ''That for fiscal year 1997 and thereafter,
    section 105(a)(25) of such Act (section 105(a)(25) (now (24)) of
    Pub. L. 93-383, classified to subsec. (a)(24) of this section),
    shall continue to be effective and the termination and conforming
    provisions of section 907(b)(2) of the Cranston-Gonzalez National
    Affordable Housing Act (Pub. L. 101-625, set out below) shall not
    be effective''.
      Section 101(e) (title II) of Pub. L. 104-134, Apr. 26, 1996, 110
    Stat. 1321-257, 1321-265, 1321-272, provided in part: ''That
    section 105(a)(25) of such Act (section 105(a)(25) (now (24)) of
    Pub. L. 93-383, classified to subsec. (a)(24) of this section), as
    added by section 907(b)(1) of the Cranston-Gonzalez National
    Affordable Housing Act (Pub. L. 101-625), shall continue to be
    effective after September 30, 1995, notwithstanding section
    907(b)(2) of such Act (set out below)''.
      Pub. L. 104-120, Sec. 3(a), Mar. 28, 1996, 110 Stat. 835,
    provided that: ''Notwithstanding the amendments made by section
    907(b)(2) of the Cranston-Gonzalez National Affordable Housing Act
    (Pub. L. 101-625, set out below), section 105(a)(25) of the Housing
    and Community Development Act of 1974 (subsec. (a)(25) (now (24))
    of this section), as in existence on September 30, 1995, shall
    apply to the use of assistance made available under title I of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
    seq.) during fiscal year 1996.''
      Amendment by section 907(b)(2) of Pub. L. 101-625, as amended by
    Pub. L. 102-550, title VIII, Sec. 807(b)(1), (2), Oct. 28, 1992,
    106 Stat. 3849, effective ''October 1, 1994 (or October 1, 1995, if
    the Secretary determines that such later date is necessary to
    continue to provide homeownership assistance until homeownership
    assistance is available under title II of the Cranston-Gonzalez
    National Affordable Housing Act (42 U.S.C. 12721 et seq.))''. (Date
    extended by Secretary to Oct. 1, 1995, see 59 F.R. 49954, Sept. 30,
    1994.)
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Section 101(a)(9)(B) of Pub. L. 98-479 provided that: ''The
    amendment made by subparagraph (A) (amending this section) shall
    take effect upon the enactment of this Act (Oct. 17, 1984) and
    shall be implemented through an interim instruction issued by the
    Secretary of Housing and Urban Development. Not later than June 1,
    1985, the Secretary of Housing and Urban Development shall issue a
    final regulation regarding the provisions of such amendment.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section
    104 of Pub. L. 95-557, set out as a note under section 1709 of
    Title 12, Banks and Banking.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
        NON-FEDERAL COST SHARING OF ARMY CORPS OF ENGINEERS PROJECTS
      Pub. L. 105-276, title II, Oct. 21, 1998, 112 Stat. 2478,
    provided in part that: ''For any fiscal year, of the amounts made
    available as emergency funds under the heading 'Community
    Development Block Grants Fund' and notwithstanding any other
    provision of law, not more than $250,000 may be used for the
    non-Federal cost-share of any project funded by the Secretary of
    the Army through the Corps of Engineers.''
               BROWNFIELDS PROJECTS AS ELIGIBLE CDBG ACTIVITY
      Pub. L. 105-276, title II, Sec. 205, Oct. 21, 1998, 112 Stat.
    2484, provided that: ''For fiscal years 1998, 1999, and all fiscal
    years thereafter, States and entitlement communities may use funds
    allocated under the community development block grants program
    under title I of the Housing and Community Development Act of 1974
    (42 U.S.C. 5301 et seq.) for environmental cleanup and economic
    development activities related to Brownfields projects in
    conjunction with the appropriate environmental regulatory agencies,
    as if such activities were eligible under section 105(a) of such
    Act (42 U.S.C. 5305(a)).''
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 105-65, title II, Sec. 209, Oct. 27, 1997, 111 Stat.
    1366.
        GAO STUDY OF USE OF GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS
      Section 806(c) of Pub. L. 102-550 directed Comptroller General to
    conduct a study of use of grant amounts under this chapter for
    activities described in paragraphs (14), (15), and (17) of subsec.
    (a) of this section, including an evaluation of whether the
    activities for which such amounts are being used under such
    paragraphs further the goals and objectives of such program, as
    established in section 5301 of this title, and directed Comptroller
    General to submit a report to Congress regarding the findings of
    the study and recommendations not later than the expiration of the
    18-month period beginning on Oct. 28, 1992.
                 ENHANCING JOB QUALITY; REPORT TO CONGRESS
      Section 806(d) of Pub. L. 102-550 directed Comptroller General,
    not later than 1 year after Oct. 28, 1992, to submit to Congress a
    report on types and quality of jobs created or retained through
    assistance provided pursuant to this chapter and the extent to
    which projects and activities assisted under this chapter enhance
    the upward mobility and future earning capacity of low- and
    moderate-income persons who are benefited by such projects and
    activities.
       REPORT TO CONGRESS ON EFFECTIVENESS OF ASSISTANCE IN PROMOTING
                      DEVELOPMENT OF MICROENTERPRISES
      Section 807(c)(4) of Pub. L. 102-550 directed Secretary, not
    later than 18 months after Oct. 28, 1992, to submit to Congress a
    report on effectiveness of assistance provided through this chapter
    in promoting development of microenterprises, including a review of
    any statutory or regulatory provision that impedes development of
    microenterprises.
               COMMUNITY INVESTMENT CORPORATION DEMONSTRATION
      Section 853 of Pub. L. 102-550 provided for establishment of a
    demonstration program to develop ways to improve access to capital
    for initiatives which would benefit specific targeted geographic
    areas and to test new models for bringing credit and investment
    capital to low-income persons in targeted geographic areas, using
    depository institution holding companies and eligible local
    nonprofit organizations selected by Secretary of Housing and Urban
    Development to provide capital assistance, grants, and training
    under direction of an advisory board.  Funds for the program were
    authorized for fiscal years 1993 and 1994 to remain available until
    expended.
    WAIVER OF LIMITATION ON AMOUNT OF FUNDS WHICH MAY BE USED IN FISCAL
          YEARS 1982, 1983, AND 1984 FOR PUBLIC SERVICE ACTIVITIES
      Section 303(b) of Pub. L. 97-35, as amended Pub. L. 98-181, title
    I, Sec. 105(b)(2), Nov. 30, 1983, 97 Stat. 1164, authorized
    Secretary, in fiscal years 1982 and 1983, to waive the limitation
    on amount of funds which could be used for public services
    activities under subsec. (a)(8) of this section, in the case of a
    unit of general local government which, during fiscal year 1981,
    allocated more than 10 per centum of funds received under this
    chapter for such activities.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5304, 5306, 5307, 5308,
    5318 of this title; title 12 sections 4707, 4712.
 
-CITE-
    42 USC Sec. 5306                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5306. Allocation and distribution of funds
 
-STATUTE-
    (a) Amounts allocated to Indian tribes, discretionary fund, and
        metropolitan cities and urban counties; limitations on amount
        of annual grants
      (1) For each fiscal year, of the amount approved in an
    appropriation Act under section 5303 of this title for grants in
    any year (excluding the amounts provided for use in accordance with
    section 5307 of this title), the Secretary shall reserve for grants
    to Indian tribes 1 percent of the amount appropriated under such
    section.  The Secretary shall provide for distribution of amounts
    under this paragraph to Indian tribes on the basis of a competition
    conducted pursuant to specific criteria for the selection of Indian
    tribes to receive such amounts.  The criteria shall be contained in
    a regulation promulgated by the Secretary after notice and public
    comment.  Notwithstanding any other provision of this Act, such
    grants to Indian tribes shall not be subject to the requirements of
    section 5304 of this title, except subsections (f), (g), and (k) of
    such section.
      (2) After reserving such amounts for Indian tribes, the Secretary
    shall allocate amounts provided for use under section 5307 of this
    title.
      (3) Of the amount remaining after allocations pursuant to
    paragraphs (1) and (2), 70 percent shall be allocated by the
    Secretary to metropolitan cities and urban counties.  Except as
    otherwise specifically authorized, each metropolitan city and urban
    county shall be entitled to an annual grant from such allocation in
    an amount not exceeding its basic amount computed pursuant to
    paragraph (1) or (2) of subsection (b) of this section.
    (b) Computation of amount allocated to metropolitan cities and
        urban counties
      (1) The Secretary shall determine the amount to be allocated to
    each metropolitan city which shall be the greater of an amount that
    bears the same ratio to the allocation for all metropolitan areas
    as either -
        (A) the average of the ratios between -
          (i) the population of that city and the population of all
        metropolitan areas;
          (ii) the extent of poverty in that city and the extent of
        poverty in all metropolitan areas; and
          (iii) the extent of housing overcrowding in that city and the
        extent of housing overcrowding in all metropolitan areas; or
        (B) the average of the ratios between -
          (i) the extent of growth lag in that city and the extent of
        growth lag in all metropolitan cities;
          (ii) the extent of poverty in that city and the extent of
        poverty in all metropolitan areas; and
          (iii) the age of housing in that city and the age of housing
        in all metropolitan areas.
      (2) The Secretary shall determine the amount to be allocated to
    each urban county, which shall be the greater of an amount that
    bears the same ratio to the allocation for all metropolitan areas
    as either -
        (A) the average of the ratios between -
          (i) the population of that urban county and the population of
        all metropolitan areas;
          (ii) the extent of poverty in that urban county and the
        extent of poverty in all metropolitan areas; and
          (iii) the extent of housing overcrowding in that urban county
        and the extent of housing overcrowding in all metropolitan
        areas; or
        (B) the average of the ratios between -
          (i) the extent of growth lag in that urban county and the
        extent of growth lag in all metropolitan cities and urban
        counties;
          (ii) the extent of poverty in that urban county and the
        extent of poverty in all metropolitan areas; and
          (iii) the age of housing in that urban county and the age of
        housing in all metropolitan areas.
      (3) In determining the average of ratios under paragraphs (1)(A)
    and (2)(A), the ratio involving the extent of poverty shall be
    counted twice, and each of the other ratios shall be counted once;
    and in determining the average of ratios under paragraphs (1)(B)
    and (2)(B), the ratio involving the extent of growth lag shall be
    counted once, the ratio involving the extent of poverty shall be
    counted one and one-half times, and the ratio involving the age of
    housing shall be counted two and one-half times.
      (4) In computing amounts or exclusions under this section with
    respect to any urban county, there shall be excluded units of
    general local government located in the county the populations of
    which are not counted in determining the eligibility of the urban
    county to receive a grant under this subsection, except that there
    shall be included any independent city (as defined by the Bureau of
    the Census) which -
        (A) is not part of any county;
        (B) is not eligible for a grant pursuant to subsection (b)(1)
      of this section;
        (C) is contiguous to the urban county;
        (D) has entered into cooperation agreements with the urban
      county which provide that the urban county is to undertake or to
      assist in the undertaking of essential community development and
      housing assistance activities with respect to such independent
      city; and
        (E) is not included as a part of any other unit of general
      local government for purposes of this section.
    Any independent city which is included in any fiscal year for
    purposes of computing amounts pursuant to the preceding sentence
    shall not be eligible to receive assistance under subsection (d) of
    this section with respect to such fiscal year.
      (5) In computing amounts under this section with respect to any
    urban county, there shall be included all of the area of any unit
    of local government which is part of, but is not located entirely
    within the boundaries of, such urban county if the part of such
    unit of local government which is within the boundaries of such
    urban county would otherwise be included in computing the amount
    for such urban county under this section, and if the part of such
    unit of local government which is not within the boundaries of such
    urban county is not included as a part of any other unit of local
    government for the purpose of this section.  Any amount received by
    such urban county under this section may be used with respect to
    the part of such unit of local government which is outside the
    boundaries of such urban county.
      (6)(A) Where data are available, the amount determined under
    paragraph (1) for a metropolitan city that has been formed by the
    consolidation of one or more metropolitan cities with an urban
    county shall be equal to the sum of the amounts that would have
    been determined under paragraph (1) for the metropolitan city or
    cities and the balance of the consolidated government, if such
    consolidation had not occurred.  This paragraph shall apply only to
    any consolidation that -
        (i) included all metropolitan cities that received grants under
      this section for the fiscal year preceding such consolidation and
      that were located within the urban county;
        (ii) included the entire urban county that received a grant
      under this section for the fiscal year preceding such
      consolidation; and
        (iii) took place on or after January 1, 1983.
      (B) The population growth rate of all metropolitan cities
    referred to in section 5302(a)(12) of this title shall be based on
    the population of (i) metropolitan cities other than consolidated
    governments the grant for which is determined under this paragraph;
    and (ii) cities that were metropolitan cities before their
    incorporation into consolidated governments.  For purposes of
    calculating the entitlement share for the balance of the
    consolidated government under this paragraph, the entire balance
    shall be considered to have been an urban county.
    (c) Reallocation of undistributed funds within same metropolitan
        area as original allocation; amount and calculation of
        reallocation grant; disaster relief
      (1) Except as provided in paragraphs (2) and (4), any amounts
    allocated to a metropolitan city or an urban county pursuant to the
    preceding provisions of this section which are not received by the
    city or county for a fiscal year because of failure to meet the
    requirements of subsection (a), (b), (c), or (d) of section 5304 of
    this title, or which become available as a result of actions under
    section 5304(e) or 5311 of this title, shall be reallocated in the
    succeeding fiscal year to the other metropolitan cities and urban
    counties in the same metropolitan area which certify to the
    satisfaction of the Secretary that they would be adversely affected
    by the loss of such amounts from the metropolitan area.  The amount
    of the share of funds reallocated under this paragraph for any
    metropolitan city or urban county shall bear the same ratio to the
    total of such reallocated funds in the metropolitan area as the
    amount of funds awarded to the city or county for the fiscal year
    in which the reallocated funds become available bears to the total
    amount of funds awarded to all metropolitan cities and urban
    counties in the same metropolitan area for that fiscal year, except
    that -
        (A) in determining the amounts awarded to cities or counties
      for purposes of calculating shares pursuant to this sentence,
      there shall be excluded from the award of any city or county any
      amounts which become available as a result of actions against
      such city or county under section 5311 of this title;
        (B) in reallocating amounts resulting from an action under
      section 5304(e) of this title or section 5311 of this title, a
      city or county against whom any such action was taken in a fiscal
      year shall be excluded from a calculation of share for purposes
      of reallocating, in the succeeding year, the amounts becoming
      available as a result of such action; and
        (C) in no event may the share of reallocated funds for any
      metropolitan city or urban county exceed 25 per centum of the
      amount awarded to the city or county under subsection (b) of this
      section for the fiscal year in which the reallocated funds under
      this paragraph become available.
    Any amounts allocated under subsection (b) of this section which
    become available for reallocation and for which no metropolitan
    city or urban county qualifies under this paragraph shall be added
    to amounts available for allocation under such subsection (b) of
    this section in the succeeding fiscal year.
      (2) Notwithstanding any other provision of this chapter, the
    Secretary shall make grants from amounts authorized for use under
    subsection (b) of this section by the Department of Housing and
    Urban Development - Independent Agencies Appropriation Act, 1981,
    in accordance with the provisions of this chapter which governed
    grants with respect to such amounts, as such provisions existed
    prior to October 1, 1981, except that any such amounts which are
    not obligated before January 1, 1982, shall be reallocated in
    accordance with paragraph (1).
      (3) Notwithstanding the provisions of paragraph (1), the
    Secretary may upon request transfer responsibility to any
    metropolitan city for the administration of any amounts received,
    but not obligated, by the urban county in which such city is
    located if (A) such city was an included unit of general local
    government in such county prior to the qualification of such city
    as a metropolitan city; (B) such amounts were designated and
    received by such county for use in such city prior to the
    qualification of such city as a metropolitan city; and (C) such
    city and county agree to such transfer of responsibility for the
    administration of such amounts.
      (4)(A) Notwithstanding paragraph (1), in the event of a major
    disaster declared by the President under the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
    seq.), the Secretary shall make available, to metropolitan cities
    and urban counties located or partially located in the areas
    affected by the disaster, any amounts that become available as a
    result of actions under section 5304(e) or 5311 of this title.
      (B) In using any amounts that become available as a result of
    actions under section 5304(e) or 5311 of this title, the Secretary
    shall give priority to providing emergency assistance under this
    paragraph.
      (C) The Secretary may provide assistance to any metropolitan city
    or urban county under this paragraph only to the extent necessary
    to meet emergency community development needs, as the Secretary
    shall determine (subject to subparagraph (D)), of the city or
    county resulting from the disaster that are not met with amounts
    otherwise provided under this chapter, the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
    seq.), and other sources of assistance.
      (D) Amounts provided to metropolitan cities and urban counties
    under this paragraph may be used only for eligible activities under
    section 5305 of this title, and in implementing this section, the
    Secretary shall evaluate the natural hazards to which any permanent
    replacement housing is exposed and shall take appropriate action to
    mitigate such hazards.
      (E) The Secretary shall provide for applications (or amended
    applications and statements under section 5304 of this title) for
    assistance under this paragraph.
      (F) A metropolitan city or urban county eligible for assistance
    under this paragraph may receive such assistance only in each of
    the fiscal years ending during the 3-year period beginning on the
    date of the declaration of the disaster by the President.
      (G) This paragraph may not be construed to require the Secretary
    to reserve any amounts that become available as a result of actions
    under section 5304(e) or 5311 of this title for assistance under
    this paragraph if, when such amounts are to be reallocated under
    paragraph (1), no metropolitan city or urban county qualifies for
    assistance under this paragraph.
    (d) Allocation among States for nonentitlement areas; amount and
        calculation of grants; distributions by State or Secretary;
        certain distributions made pursuant to prior provisions;
        certifications required by Governor enumerated; responsibility
        for administration and administrative expenses; reallocation;
        certifications required of units of general local government in
        nonentitlement areas; applicability of this chapter and other
        law
      (1) Of the amount approved in an appropriation Act under section
    5303 of this title that remains after allocations pursuant to
    paragraphs (1) and (2) of subsection (a) of this section, 30 per
    centum shall be allocated among the States for use in
    nonentitlement areas.  The allocation for each State shall be the
    greater of an amount that bears the same ratio to the allocation
    for such areas of all States available under this subparagraph as
    either -
        (A) the average of the ratios between -
          (i) the population of the nonentitlement areas in that State
        and the population of the nonentitlement areas of all States;
          (ii) the extent of poverty in the nonentitlement areas in
        that State and the extent of poverty in the nonentitlement
        areas of all States; and
          (iii) the extent of housing overcrowding in the
        nonentitlement areas in that State and the extent of housing
        overcrowding in the nonentitlement areas of all States; or
        (B) the average of the ratios between -
          (i) the age of housing in the nonentitlement areas in that
        State and the age of housing in the nonentitlement areas of all
        States;
          (ii) the extent of poverty in the nonentitlement areas in
        that States and the extent of poverty in the nonentitlement
        areas of all States; and
          (iii) the population of the nonentitlement areas in that
        State and the population of the nonentitlement areas of all
        States.
    In determining the average of the ratios under subparagraph (A) the
    ratio involving the extent of poverty shall be counted twice and
    each of the other ratios shall be counted once; and in determining
    the average of the ratios under subparagraph (B), the ratio
    involving the age of housing shall be counted two and one-half
    times, the ratio involving the extent of poverty shall be counted
    one and one-half times, and the ratio involving population shall be
    counted once.  The Secretary shall, in order to compensate for the
    discrepancy between the total of the amounts to be allocated under
    this paragraph and the total of the amounts available under such
    paragraph, make a pro rata reduction of each amount allocated to
    the nonentitlement areas in each State under such paragraph so that
    the nonentitlement areas in each State will receive an amount which
    represents the same percentage of the total amount available under
    such paragraph as the percentage which the nonentitlement areas of
    the same State would have received under such paragraph if the
    total amount available under such paragraph had equaled the total
    amount which was allocated under such paragraph.
      (2)(A) Amounts allocated under paragraph (1) shall be distributed
    to units of general local government located in nonentitlement
    areas of the State to carry out activities in accordance with the
    provisions of this chapter -
        (i) by a State that has elected, in such manner and at such
      time as the Secretary shall prescribe, to distribute such
      amounts, consistent with the statement submitted under section
      5304(a) of this title; or
        (ii) by the Secretary, in any case described in subparagraph
      (B), for use by units of general local government in accordance
      with paragraph (3)(B).
    Any election to distribute funds made after the close of fiscal
    year 1984 is permanent and final.  Notwithstanding any provision of
    this chapter, the Secretary shall make grants from amounts
    authorized for use in nonentitlement areas by the Department of
    Housing and Urban Development - Independent Agencies Appropriation
    Act, 1981, in accordance with the provisions of this chapter which
    governed grants with respect to such amounts, as such provisions
    existed prior to October 1, 1981. Any amounts under the preceding
    sentence (except amounts for which preapplications have been
    approved by the Secretary prior to October 1, 1981, and which have
    been obligated by January 1, 1982) which are or become available
    for obligation after fiscal year 1981 shall be available for
    distribution in the State in which the grants from such amounts
    were made, by the State or by the Secretary, whichever is
    distributing the State allocation in the fiscal year in which such
    amounts are or become available.
      (B) The Secretary shall distribute amounts allocated under
    paragraph (1) if the State has not elected to distribute such
    amounts.
      (C) To receive and distribute amounts allocated under paragraph
    (1), the State must certify that it, with respect to units of
    general local government in nonentitlement areas -
        (i) engages or will engage in planning for community
      development activities;
        (ii) provides or will provide technical assistance to units of
      general local government in connection with community development
      programs;
        (iii) will not refuse to distribute such amounts to any unit of
      general local government on the basis of the particular eligible
      activity selected by such unit of general local government to
      meet its community development needs, except that this clause may
      not be considered to prevent a State from establishing priorities
      in distributing such amounts on the basis of the activities
      selected; and
        (iv) has consulted with local elected officials from among
      units of general local government located in nonentitlement areas
      of that State in determining the method of distribution of funds
      required by subparagraph (A).
      (D) To receive and distribute amounts allocated under paragraph
    (1), the State shall certify that each unit of general local
    government to be distributed funds will be required to identify its
    community development and housing needs, including the needs of low
    and moderate income persons, and the activities to be undertaken to
    meet such needs.
      (3)(A) If the State receives and distributes such amounts, it
    shall be responsible for the administration of funds so
    distributed.  The State shall pay from its own resources all
    administrative expenses incurred by the State in carrying out its
    responsibilities under this chapter or section 1437o(e)(1)
    (FOOTNOTE 1) of this title, except that from the amounts received
    for distribution in nonentitlement areas, the State may deduct an
    amount to cover such expenses and its administrative expenses under
    section 1706e (FOOTNOTE 1) of title 12 not to exceed the sum of
    $100,000 plus 50 percent of any such expenses under this chapter in
    excess of $100,000. Amounts deducted in excess of $100,000 shall
    not exceed 2 percent of the amount so received.
       (FOOTNOTE 1) See References in Text note below.
      (B) If the Secretary distributes such amounts, the distribution
    shall be made in accordance with determinations of the Secretary
    pursuant to statements submitted and the other requirements of
    section 5304 of this title (other than subsection (c)) and in
    accordance with regulations and procedures prescribed by the
    Secretary.
      (C) Any amounts allocated for use in a State under paragraph (1)
    that are not received by the State for any fiscal year because of
    failure to meet the requirements of subsection (a), (b), or (d) of
    section 5304 of this title or to make the certifications required
    in subparagraphs (C) and (D) of paragraph (2), or that become
    available as a result of actions against the State under section
    5304(e) or 5311 of this title, shall be added to amounts allocated
    to all States under paragraph (1) for the succeeding fiscal year.
      (D) Any amounts allocated for use in a State under paragraph (1)
    that become available as a result of actions under section 5304(e)
    or 5311 of this title against units of general local government in
    nonentitlement areas of the State or as a result of the closeout of
    a grant made by the Secretary under this section in nonentitlement
    areas of the State shall be added to amounts allocated to the State
    under paragraph (1) for the fiscal year in which the amounts become
    so available.
      (4) Any combination of units of general local governments may not
    be required to obtain recognition by the Secretary pursuant to
    section 5302(a)(1) of this title to be treated as a single unit of
    general local government for purposes of this subsection.
      (5) (FOOTNOTE 2) From the amounts received under paragraph (1)
    for distribution in nonentitlement areas, the State may deduct an
    amount, not to exceed 1 percent of the amount so received, to
    provide technical assistance to local governments and nonprofit
    program recipients.
       (FOOTNOTE 2) So in original.  Two pars. (5) have been enacted.
      (5) (FOOTNOTE 2) No amount may be distributed by any State or the
    Secretary under this subsection to any unit of general local
    government located in a nonentitlement area unless such unit of
    general local government certifies that -
        (A) it will minimize displacement of persons as a result of
      activities assisted with such amounts;
        (B) its program will be conducted and administered in
      conformity with the Civil Rights Act of 1964 (42 U.S.C. 2000a et
      seq.) and the Fair Housing Act (42 U.S.C. 3601 et seq.), and that
      it will affirmatively further fair housing;
        (C) it will provide for opportunities for citizen
      participation, hearings, and access to information with respect
      to its community development program that are comparable to those
      required of grantees under section 5304(a)(2) of this title; and
        (D) it will not attempt to recover any capital costs of public
      improvements assisted in whole or part under this section or with
      amounts resulting from a guarantee under section 5308 of this
      title by assessing any amount against properties owned and
      occupied by persons of low and moderate income, including any fee
      charged or assessment made as a condition of obtaining access to
      such public improvements, unless (i) funds received under this
      section are used to pay the proportion of such fee or assessment
      that relates to the capital costs of such public improvements
      that are financed from revenue sources other than under this
      chapter; or (ii) for purposes of assessing any amount against
      properties owned and occupied by persons of moderate income, the
      grantee certifies to the Secretary or such State, as the case may
      be, that it lacks sufficient funds received under this section to
      comply with the requirements of clause (i).
      (6) Any activities conducted with amounts received by a unit of
    general local government under this subsection shall be subject to
    the applicable provisions of this chapter and other Federal law in
    the same manner and to the same extent as activities conducted with
    amounts received by a unit of general local government under
    subsection (a) of this section.
    (e) Qualification or submission dates, and finality and
        conclusiveness of computations and determinations
      The Secretary may fix such qualification or submission dates as
    he determines are necessary to permit the computations and
    determinations required by this section to be made in a timely
    manner, and all such computations and determinations shall be final
    and conclusive.
    (f) Pro rata adjustment of entitlement amounts
      If the total amount available for distribution in any fiscal year
    to metropolitan cities and urban counties under this section is
    insufficient to provide the amounts to which metropolitan cities
    and urban counties would be entitled under subsection (b) of this
    section, and funds are not otherwise appropriated to meet the
    deficiency, the Secretary shall meet the deficiency through a pro
    rata reduction of all amounts determined under subsection (b) of
    this section.  If the total amount available for distribution in
    any fiscal year to metropolitan cities and urban counties under
    this section exceeds the amounts to which metropolitan cities and
    urban counties would be entitled under subsection (b) of this
    section, the Secretary shall distribute the excess through a pro
    rata increase of all amounts determined under subsection (b) of
    this section.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 106, Aug. 22, 1974, 88 Stat. 642;
    Pub. L. 95-128, title I, Sec. 106, Oct. 12, 1977, 91 Stat. 1117;
    Pub. L. 96-153, title I, Sec. 103(d), (e), Dec. 21, 1979, 93 Stat.
    1102; Pub. L. 96-399, title I, Sec. 102, 103, 111(d)-(g), 112, Oct.
    8, 1980, 94 Stat. 1615, 1621, 1622; Pub. L. 97-35, title III, Sec.
    304, 309(h), Aug. 13, 1981, 95 Stat. 388, 396; Pub. L. 98-181,
    title I, Sec. 106, Nov. 30, 1983, 97 Stat. 1164; Pub. L. 98-479,
    title I, Sec. 101(a)(10)-(12), Oct. 17, 1984, 98 Stat. 2219, 2220;
    Pub. L. 100-242, title V, Sec. 512, 513, 517(b)(1), Feb. 5, 1988,
    101 Stat. 1930, 1936; Pub. L. 100-628, title X, Sec. 1082(b), (c),
    Nov. 7, 1988, 102 Stat. 3277; Pub. L. 101-235, title VII, Sec.
    702(b), Dec. 15, 1989, 103 Stat. 2056; Pub. L. 101-625, title IX,
    Sec. 913(b), 933, Nov. 28, 1990, 104 Stat. 4392, 4403; Pub. L.
    102-550, title VIII, Sec. 802(b), 808, 811, title XII, Sec.
    1204(i), Oct. 28, 1992, 106 Stat. 3845, 3850, 3940.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in subsec. (a)(1), is Pub. L. 93-383, Aug.
    22, 1974, 88 Stat. 633, as amended, known as the Housing and
    Community Development Act of 1974. For complete classification of
    this Act to the Code, see Short Title note set out under section
    5301 of this title and Tables.
      The Department of Housing and Urban Development - Related
    Agencies Appropriation Act, 1981, referred to in subsecs. (c)(2)
    and (d)(2)(A), is Pub. L. 96-526, Dec. 15, 1980, 94 Stat. 3044. For
    complete classification of this Act to the Code, see Tables.
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in subsec. (c)(4)(A), (C), is Pub. L. 93-288, May
    22, 1974, 88 Stat. 143, as amended, which is classified principally
    to chapter 68 (Sec. 5121 et seq.) of this title.  For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5121 of this title and Tables.
      This subparagraph, referred to in subsec. (d)(1), probably should
    be a reference to this paragraph, meaning par. (1) of subsec. (d)
    of this section.
      Section 1437o of this title and section 1706e of title 12,
    referred to in subsec. (d)(3)(A), was repealed by Pub. L. 101-625,
    title II, Sec. 289(b), Nov. 28, 1990, 104 Stat. 4128.
      The Civil Rights Act of 1964, referred to in subsec. (d)(5)(B),
    is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 2000a
    of this title and Tables.
      The Fair Housing Act, referred to in subsec. (d)(5)(B), is title
    VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,
    which is classified principally to subchapter I (Sec. 3601 et seq.)
    of chapter 45 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 3601 of
    this title and Tables.
 
-COD-
                                CODIFICATION
      In subsecs. (c)(2) and (d)(2)(A), ''October 1, 1981'' substituted
    for ''the effective date of the Housing and Community Development
    Amendments of 1981'' meaning the effective date of subtitle A of
    title III of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 384, which was
    generally effective Oct. 1, 1981. See Effective Date of 1981
    Amendment note below.
 
-MISC3-
                                 AMENDMENTS
      1992 - Subsec. (d)(1). Pub. L. 102-550, Sec. 1204(i), in first
    sentence, substituted ''that remains after allocations pursuant to
    paragraphs (1) and (2) of subsection (a) of this section'' for
    ''for grants in any year (excluding the amounts provided for use in
    accordance with subsection (a)(1) and (2) of this section)''.
      Subsec. (d)(4). Pub. L. 102-550, Sec. 802(b), added par. (4).
      Subsec. (d)(5). Pub. L. 102-550, Sec. 811, added par. (5)
    relating to State deductions for technical assistance.
      Subsec. (d)(5)(B). Pub. L. 102-550, Sec. 808, substituted ''the
    Civil Rights Act of 1964 and the Fair Housing Act'' for ''Public
    Law 88-352 and Public Law 90-284''.
      1990 - Subsec. (a). Pub. L. 101-625, Sec. 913(b)(1)(B), added
    subsec. (a) and struck out former subsec. (a) which read as
    follows: ''Of the amount approved in an appropriation Act under
    section 5303 of this title for grants in any year (excluding the
    amounts provided for use in accordance with section 5307 of this
    title and section 5318 of this title), 70 per centum shall be
    allocated by the Secretary to metropolitan cities and urban
    counties and Indian tribes.  Except as otherwise specifically
    authorized, each metropolitan city and urban county shall be
    entitled to an annual grant from such allocation in an amount not
    exceeding its basic amount computed pursuant to paragraph (1) or
    (2) of subsection (b) of this section Indian tribes shall receive
    grants from such allocation pursuant to subsection (b)(7) of this
    section.''
      Subsec. (b)(1), (2). Pub. L. 101-625, Sec. 913(b)(2), substituted
    ''The'' for ''After taking into account the set-aside for Indian
    tribes under paragraph (7), the'' in introductory provisions of
    pars. (1) and (2).
      Subsec. (b)(7). Pub. L. 101-625, Sec. 913(b)(1)(A), struck out
    par. (7), which read as follows:
      ''(A) For each fiscal year, the Secretary shall reserve for
    grants to Indian tribes, from amounts approved in appropriation
    Acts under section 5303 of this title for grants for the year under
    subsection (a) of this section, not more than 1 percent of the
    amounts appropriated under such section.
      ''(B) The Secretary shall provide for distribution of amounts
    under this paragraph to Indian tribes on the basis of a competition
    conducted pursuant to specific criteria for the selection of Indian
    tribes to receive such amounts.  The criteria shall be contained in
    a regulation promulgated by the Secretary after notice and public
    comment.''
      Subsec. (c)(1). Pub. L. 101-625, Sec. 933(1), substituted
    ''paragraphs (2) and (4)'' for ''paragraph (2)'' in introductory
    provisions.
      Subsec. (c)(4). Pub. L. 101-625, Sec. 933(2), added par. (4).
      Subsec. (d)(1). Pub. L. 101-625, Sec. 913(b)(3), substituted
    ''subsection (a)(1) and (2) of this section'' for ''section 5307 of
    this title and section 5318 of this title'' in introductory
    provisions.
      1989 - Subsec. (a). Pub. L. 101-235, Sec. 702(b)(1), inserted
    ''and Indian tribes'' after ''urban counties'' in first sentence
    and inserted ''Indian tribes shall receive grants from such
    allocation pursuant to subsection (b)(7) of this section'' before
    period at end of second sentence.
      Subsec. (b)(1). Pub. L. 101-235, Sec. 702(b)(2), substituted
    ''After taking into account the set-aside for Indian tribes under
    paragraph (7), the'' for ''The''.
      Subsec. (b)(2). Pub. L. 101-235, Sec. 702(b)(3), substituted
    ''After taking into account the set-aside for Indian tribes under
    paragraph (7), the'' for ''The''.
      Subsec. (b)(7). Pub. L. 101-235, Sec. 702(b)(4), added par. (7).
      Subsec. (d)(4). Pub. L. 101-235, Sec. 702(b)(5), struck out par.
    (4) which excluded Indian tribes in computing amounts under par.
    (1).
      1988 - Subsec. (c)(1). Pub. L. 100-628, Sec. 1082(b), substituted
    ''subsection (a), (b), (c), or (d) of section 5304'' for ''section
    5304(a), (b), or (c)'' in introductory provisions and substituted
    ''section 5304(e)'' for ''section 5304(d)'' in introductory
    provisions and in subpar. (B).
      Subsec. (d)(2)(C). Pub. L. 100-242, Sec. 512(1), substituted
    ''the State must certify that it'' for ''the Governor must certify
    that the State''.
      Subsec. (d)(2)(D). Pub. L. 100-242, Sec. 512(2), substituted
    ''the State'' for ''the Governor of each State''.
      Subsec. (d)(3)(A). Pub. L. 100-242, Sec. 517(b)(1), inserted
    ''its administrative expenses under section 1706e of title 12''
    after first reference to ''such expenses'', and ''under this
    chapter'' after second reference to ''such expenses''.
      Pub. L. 100-242, Sec. 513, substituted ''$100,000'' for
    ''$102,000'' after ''the sum of''.
      Subsec. (d)(3)(C). Pub. L. 100-628, Sec. 1082(c), substituted
    ''subsection (a), (b), or (d) of section 5304'' for ''subsection
    (a) or (b) of section 5304'' and ''section 5304(e)'' for ''section
    5304(d)''.
      Subsec. (d)(3)(D). Pub. L. 100-628, Sec. 1082(c)(2), substituted
    ''section 5304(e)'' for ''section 5304(d)''.
      1984 - Subsec. (d)(2)(A). Pub. L. 98-479, Sec. 101(a)(10)(A),
    substituted ''the State'' for ''a State that has elected, in such
    manner and at such time as the Secretary shall prescribe'' in
    provisions preceding cl. (i).
      Subsec. (d)(2)(A)(i). Pub. L. 98-479, Sec. 101(a)(10)(B),
    substituted ''a State that has elected, in such manner and at such
    time as the Secretary shall prescribe, to distribute such amounts''
    for ''the State''.
      Subsec. (d)(3)(A). Pub. L. 98-479, Sec. 101(a)(11)(A), inserted
    ''or section 1437o(e)(1) of this title''.
      Subsec. (d)(3)(C). Pub. L. 98-479, Sec. 101(a)(11)(B), inserted
    ''or to make the certifications required in subparagraphs (C) and
    (D) of paragraph (2)''.
      Subsec. (d)(5)(D)(ii). Pub. L. 98-479, Sec. 101(a)(12),
    substituted ''moderate'' for ''low and moderate income who are not
    persons of very low'' before ''income, the grantee certifies''.
      1983 - Subsec. (b)(6). Pub. L. 98-181, Sec. 106(a), added par.
    (6).
      Subsec. (c)(1)(B). Pub. L. 98-181, Sec. 106(b), substituted ''a
    city or county against whom any such action was taken in a fiscal
    year shall be excluded from a calculation of share for purposes of
    reallocating in the succeeding year,'' for ''the city or county
    against whom any such action was taken shall be excluded from the
    calculation of shares for purposes of reallocating''.
      Subsec. (c)(3). Pub. L. 98-181, Sec. 106(c), added par. (3).
      Subsec. (d)(2)(A). Pub. L. 98-181, Sec. 106(d)(1), substituted
    ''a State that has elected, in such manner and at such time as the
    Secretary shall prescribe'' for ''the State'' in provisions
    preceding cl. (i), and inserted, following cl. (ii), ''Any election
    to distribute funds made after the close of fiscal year 1984 is
    permanent and final.''
      Subsec. (d)(2)(B). Pub. L. 98-181, Sec. 106(d)(2), substituted
    provisions requiring the Secretary to distribute amounts allocated
    under par. (1) if the State has not elected to distribute such
    amounts, for provisions which required the Secretary to distribute
    such amounts where the State had elected, in such manner and before
    such time as prescribed by the Secretary, not to distribute such
    amounts, or the State had failed to submit the certifications
    described in subpar. (C).
      Subsec. (d)(2)(C)(iii). Pub. L. 98-181, Sec. 106(e), amended cl.
    (iii) generally, substituting provisions requiring certification by
    the Governor that the State will not refuse to distribute funds to
    any local government unit on the basis of the particular activity
    selected to meet its community development needs, except that a
    State may establish priorities in distributing such amounts, for
    provisions requiring the Governor to certify that the State would
    provide funds for community development activities in an amount of
    at least 10 per centum of the amounts allocated for use in the
    State pursuant to par. (1).
      Subsec. (d)(2)(D). Pub. L. 98-181, Sec. 106(f), added subpar.
    (D).
      Subsec. (d)(3)(A). Pub. L. 98-181, Sec. 106(g), substituted
    provisions that the State may deduct an amount to cover such
    expenses not to exceed the sum of $102,000 plus 50 percent of any
    such expenses in excess of $100,000, and that the amounts deducted
    in excess of $100,000 shall not exceed 2 percent of the amount so
    received, for provisions that the State could deduct an amount not
    to exceed 50 per centum of the costs incurred by the State in
    carrying out such responsibilities, and that amounts so deducted
    could not exceed 2 per centum of the amount so received.
      Subsec. (d)(3)(C), (D). Pub. L. 98-181, Sec. 106(h), amended
    subpar. (C) generally, substituting provisions requiring that
    amounts which are to be reallocated because of failure to meet
    requirements of section 5304(a), (b) of this title or because of
    action under section 5304(d) or 5311 of this title be added to
    amounts allocated to all States for the succeeding fiscal year for
    provisions that amounts reallocated because of action under section
    5304(d) or section 5311 of this title were to be added to amounts
    available for distribution in the State in the same fiscal year, in
    the case of actions against units of general local government, or
    to amounts available for distribution in the succeeding fiscal
    year, in the case of action against the State, and struck out
    provision for distribution of such funds by either the State or the
    Secretary and adding subpar. (D).
      Subsec. (d)(5), (6). Pub. L. 98-181, Sec. 106(i), added pars. (5)
    and (6).
      Subsec. (f). Pub. L. 98-181, Sec. 106(j), amended subsec. (f)
    generally, substituting provisions for pro rata reduction of all
    amounts determined under subsec. (b) in the event of a deficiency
    for provisions for reduction of all basic grant entitlement funds
    provided pursuant to this section in the event of a deficiency, and
    inserted provision for distribution of excess amounts.
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 304(a), substituted
    provisions relating to amounts allocated to metropolitan areas and
    urban counties and limitations on amount of annual grants for
    provisions relating to amounts allocated to metropolitan areas,
    annual grants for metropolitan cities and urban counties, and
    limitations.
      Subsec. (b)(4). Pub. L. 97-35, Sec. 309(h), substituted provision
    respecting assistance under subsec. (d) of this section for
    provision respecting grants under subsec. (c) or (e) of this
    section.
      Subsec. (c). Pub. L. 97-35, Sec. 304(b), (c), redesignated
    subsec. (d) as (c) and substituted provisions relating to
    reallocation of undistributed funds within same metropolitan area
    as original allocation, for provisions relating to reallocation of
    amounts allocated to metropolitan cities, urban counties, and
    metropolitan areas for use by States, metropolitan cities, etc.
    Former subsec. (c), which related to additional allocations of
    amount allocated to metropolitan areas and added amounts for grants
    for metropolitan cities, urban counties, specified units of general
    local government, and States, was struck out.
      Subsec. (d). Pub. L. 97-35, Sec. 304(b), (d), (e), redesignated
    subsec. (e) as (d) and substituted provisions relating to
    allocation among nonentitlement areas, amount and calculation of
    grants, distributions, certifications, etc., for provisions
    relating to amounts allocated to units of general local government
    of metropolitan areas and States, calculations, multiyear
    commitments, annual grants, reallocation of amounts to
    nonmetropolitan areas of other States, and review by Secretary.
    Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 97-35, Sec. 304(b), redesignated subsec. (f)
    as (e). Former subsec. (e) redesignated (d).
      Subsecs. (f), (g). Pub. L. 97-35, Sec. 304(b), (f), redesignated
    subsec. (g) as (f) and substituted ''all basic grant entitlement
    amounts'' for ''(1) all basic grant entitlement amounts, and (2)
    funds available under subsection (c) of this section (including
    amounts provided for use under section 5303(a)(2) of this title)
    and subsection (e) of this section''.  Former subsec. (f)
    redesignated (e).
      1980 - Subsec. (a). Pub. L. 96-399, Sec. 111(e), substituted
    ''subsection (d) of this section'' for ''subsections (c) and (e) of
    this section'', struck out ''aggregate'' after ''allocation in
    an'', ''the greater of'' after ''not exceeding'', and ''or its
    hold-harmless amount computed pursuant to subsection (g) of this
    section'' after ''subsection (b) of this section''.
      Subsec. (b)(4). Pub. L. 96-399, Sec. 103, substituted ''the
    populations of which are not counted in determining the eligibility
    of the urban county to receive a grant under this subsection,
    except that there shall be included any independent city (as
    defined by the Bureau of the Census) which - '' for ''(A) which are
    entitled to hold-harmless grants pursuant to subsection (h) of this
    section, or (B) the populations of which are not counted in
    determining the eligibility of the urban county to receive a grant
    under this subsection'', and added subpars. (A) to (E) and
    provision following subpar. (E).
      Subsec. (c). Pub. L. 96-399, Sec. 111(d), (f), redesignated
    former subsec. (d) as (c) and struck out in par. (1) ''allocated by
    the Secretary, first, for grants to metropolitan cities, urban
    counties, and other units of general local government within
    metropolitan areas to meet their hold-harmless needs as determined
    under subsections (g) and (h), and second, in accordance with the
    provisions of paragraph (2)'' after ''section 5303(a)(2) of this
    title'', struck out ''(2) Any portion of such amounts which remains
    after applying the provision of paragraph (1) shall be'' before
    ''utilized by the Secretary'', redesignated former par. (3) as (2)
    and in par. (2) as so redesignated, substituted ''paragraph (1)''
    for ''paragraph (2)'' wherever appearing, struck out ''In
    determining whether to make such a commitment to a unit of general
    local government, the Secretary shall give special consideration to
    those communities presently carrying out comprehensive community
    development programs which are subject to the provisions of
    subsection (h)(2), before making new commitments.'' after
    ''availability of appropriations.'', and substituted ''and Indian
    tribes'' for ''Indian tribes, and units of general local government
    which are entitled to hold-harmless grants pursuant to subsection
    (h) of this section''.  Former subsec. (c), relating to adjustment
    of amounts for metropolitan cities and urban counties, was struck
    out.
      Subsec. (d). Pub. L. 96-399, Sec. 111(d), 112, redesignated
    former subsec. (e) as (d) and inserted provisions relating to
    preferences for units of general local government in the same
    metropolitan area.  Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 96-399, Sec. 111(d), (g), redesignated
    former subsec. (f) as (e) and in par. (1) struck out ''allocated by
    the Secretary - (A) first, for grants to units of general local
    government outside of metropolitan areas to meet their
    hold-harmless needs as determined under subsection (h) of this
    section; and (B) second, any portion of such amount which remains
    after applying the provisions of subparagraph (A) shall be'' after
    ''20 per centum shall be'', redesignated former cls. (1)(B)(i) and
    (ii) as (1)(A) and (B), respectively, redesignated former subcls.
    (1)(B)(i)(I) to (III) and (1)(B)(ii)(I) to (III) as (1)(A)(i) to
    (iii) and (1)(B)(i) to (iii), respectively, substituted
    ''subparagraph (A)'' for ''clause (i) of subparagraph (B)'' and
    ''subparagraph (B)'' for ''clause (ii) of subparagraph (B)'',
    substituted ''allocated under this paragraph'' for ''allocated
    under subparagraph (B)'', substituted ''such paragraph'' for ''such
    subparagraph'' wherever appearing, in par. (2) struck out ''In
    determining whether to make such a commitment to a unit of general
    local government, the Secretary shall give special consideration to
    those communities presently carrying out comprehensive community
    development programs, which are subject to the provisions of
    subsection (h)(2) of this section, before making new commitments.''
    after ''availability of appropriations.'', substituted ''paragraph
    (1)'' for ''paragraph (1)(B)'' wherever appearing, struck out
    ''units of general local government which are entitled to
    hold-harmless grants pursuant to subsection (h) of this section
    and'' after ''shall be excluded'', and in par. (3) substituted
    ''paragraph (1)'' for ''paragraph (1)(B)''. Former subsec. (e) was
    redesignated as (d).
      Subsec. (f). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
    (k) as (f). Former subsec. (f) redesignated (e).
      Subsec. (g). Pub. L. 96-399, Sec. 102, 111(d), redesignated
    subsec. (m) as (g) and substituted ''any fiscal year'' for ''fiscal
    year 1978, fiscal year 1979, or fiscal year 1980'', struck out
    ''and hold-harmless'' after ''all basic grant'' in two places, and
    substituted ''subsection (c)'' for ''subsection (d)(2)'' and
    ''subsection (e)'' for ''subsection (f)(1)(B)''. Former subsec.
    (g), relating to hold-harmless amounts for metropolitan cities and
    urban counties, was struck out.
      Subsec. (h). Pub. L. 96-399, Sec. 111(d), struck out subsec. (h)
    which related to hold-harmless grants to units of general local
    government not metropolitan cities or urban counties.
      Subsec. (i). Pub. L. 96-399, Sec. 111(d), struck out subsec. (i)
    which related to percentages excluded from data in computation of
    hold-harmless grants for units of general local government.
      Subsec. (j). Pub. L. 96-399, Sec. 111(d), struck out subsec. (j)
    which related to waiver of eligibility by units of general local
    government for hold-harmless grants.
      Subsec. (k). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
    (k) as (f).
      Subsec. (l). Pub. L. 96-399, Sec. 111(d), struck out subsec. (l)
    which related to reports to Congress with respect to adequacy and
    effectiveness of formula for allocation of funds.
      Subsec. (m). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
    (m) as (g).
      1979 - Subsec. (b)(5). Pub. L. 96-153, Sec. 103(e), added par.
    (5).
      Subsec. (m). Pub. L. 96-153, Sec. 103(d), inserted reference to
    fiscal year 1980.
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 106(a), substituted in
    second sentence reference to pars. ''(1) or (2)'' for pars. ''(2)
    or (3)'' of subsec. (b) of this section.
      Subsec. (b)(1). Pub. L. 95-128, Sec. 106(b), added par. (1), and
    struck out former par. (1) provisions stating that ''The Secretary
    shall determine the amount to be allocated to all metropolitan
    cities which shall be an amount that bears the same ratio to the
    allocation for all metropolitan areas as the average of the ratios
    between -
        ''(A) the population of all metropolitan cities and the
      population of all metropolitan areas;
        ''(B) the extent of poverty in all metropolitan cities and the
      extent of poverty in all metropolitan areas; and
        ''(C) the extent of housing overcrowding in all metropolitan
      cities and the extent of housing overcrowding in all metropolitan
      areas.'', now incorporated in this paragraph.
      Subsec. (b)(2). Pub. L. 95-128, Sec. 106(b), added par. (2) and
    struck out former par. (2) provisions declaring that ''From the
    amount allocated to all metropolitan cities the Secretary shall
    determine for each metropolitan city a basic grant amount which
    shall equal an amount that bears the same ratio to the allocation
    for all metropolitan cities as the average of the ratios between -
        ''(A) the population of that city and the population of all
      metropolitan cities;
        ''(B) the extent of poverty in that city and the extent of
      poverty in all metropolitan cities; and
        ''(C) the extent of housing overcrowding in that city and the
      extent of housing overcrowding in all metropolitan cities.'', now
      incorporated in subsec. (b)(1) of this section.
      Subsec. (b)(3). Pub. L. 95-128, Sec. 106(b), added par. (3) and
    struck out former par. (3) provisions for determination of basic
    grant amount of each urban county, now covered in subsec. (b)(2) of
    this section and formerly providing that ''The Secretary shall
    determine the basic grant amount of each urban county by -
        ''(A) calculating the total amount that would have been
      allocated to metropolitan cities and urban counties together
      under paragraph (1) of this subsection if data pertaining to the
      population, extent of poverty, and extent of housing overcrowding
      in all urban counties were included in the numerator of each of
      the fractions described in such paragraph; and
        ''(B) determining for each county the amount which bears the
      same ratio to the total amount calculated under subparagraph (A)
      of this paragraph as the average of the ratios between -
          ''(i) the population of that urban county and the population
        of all metropolitan cities and urban counties;
          ''(ii) the extent of poverty in that urban county and the
        extent of poverty in all metropolitan cities and urban
        counties; and
          ''(iii) the extent of housing overcrowding in that urban
        county and the extent of housing overcrowding in all
        metropolitan cities and urban counties.''
      Subsec. (b)(4), (5). Pub. L. 95-128, Sec. 106(b), (c), struck out
    par. ''(4) In determining the average of ratios under paragraphs
    (1), (2), and (3), the ratio involving the extent of poverty shall
    be counted twice.'', now incorporated in par. (3), redesignated
    par. (5) as (4), and substituted ''are entitled to'' for
    ''receive''.
      Subsec. (c). Pub. L. 95-128, Sec. 106(d), in first sentence,
    substituted ''With respect to funds approved for distribution to a
    metropolitan city or urban county under this section during fiscal
    years 1975, 1976, and 1977'' for ''During the first three years for
    which funds are approved for distribution to a metropolitan city or
    urban county under this section'' and inserted ''only for such
    funds approved for distribution in fiscal years 1975, 1976, and
    1977'' after ''adjusted''.
      Subsec. (d). Pub. L. 95-128, Sec. 106(e), incorporated existing
    introductory text and provisions of former par. (1) in provisions
    now designated par. (1); added par. (2), incorporating provisions
    of former par. (2) respecting additional allocations by the
    Secretary ''for grants to units of general local government (other
    than metropolitan cities and urban counties) and States for use in
    metropolitan areas, allocating for each such metropolitan area an
    amount which bears the same ratio to the allocation for all
    metropolitan areas available under this paragraph as the average of
    the ratios between -
        ''(A) the population of that metropolitan area and the
      population of all metropolitan areas,
        ''(B) the extent of poverty in that metropolitan area and the
      extent of poverty in all metropolitan areas, and
        ''(C) the extent of housing overcrowding in that metropolitan
      area and the extent of housing overcrowding in all metropolitan
      areas.'' and declaring that ''In determining the average of
      ratios under paragraph (2), the ratio involving the extent of
      poverty shall be counted twice''; struck out end clause providing
      that ''in computing amounts under such paragraph there shall be
      excluded any metropolitan cities, urban counties, and units of
      general local government which receive hold-harmless grants
      pursuant to subsection (h) of this section'', now constituting
      last sentence of par. (3); and added par. (3) provisions.
      Subsec. (e). Pub. L. 95-128, Sec. 106(f), in first sentence,
    substituted ''within a reasonable time'' for ''during such program
    period'' and struck out ''during the same period'' after ''shall be
    reallocated''.
      Subsec. (f)(1). Pub. L. 95-128, Sec. 106(g)(1), inserted in
    subpar. (B) ''any portion of such amount which remains after
    applying the provisions of subparagraph (A) shall be utilized by
    the Secretary'' after ''second,'' and ''the greater of'' before
    ''an amount''; reenacted existing provisions in cl. (i); added cl.
    (ii); inserted provision respecting determination of average of
    ratios under cl. (ii) of subpar. (B) and provision for pro rata
    reduction, to compensate for the discrepancy between the total of
    the amounts to be allocated under subpar. (B) and the total of the
    amounts available under such subparagraph, of each amount allocated
    to the nonmetropolitan areas in each State under such subparagraph;
    and struck out end clause providing that in computing amounts under
    such subpar. (B) there shall be excluded units of general local
    government which receive hold-harmless grants pursuant to subsec.
    (h) of this section, now constituting end sentence of subsec.
    (f)(2) of this section.
      Subsec. (f)(2). Pub. L. 95-128, Sec. 106(g)(1), (2), added par.
    (2) and redesignated former par. (2) as (3).
      Subsec. (f)(3). Pub. L. 95-128, Sec. 106(g)(2)-(4), redesignated
    former par. (2) as (3), substituted ''within a reasonable time''
    for ''during such period'', and struck out ''during the same
    period'' after ''as soon as practicable''.
      Subsec. (g)(2). Pub. L. 95-128, Sec. 106(h), substituted
    reference to ''subsection (b)(1)(A) or (B), or (2)(A) or (B) of
    this section'' for ''subsection (b)(2) or (3) of this section'' and
    inserted in cls. (i) and (ii) '', as computed under subsection
    (b)(1)(A) or (B), or (2)(A) or (B) of this section,'' before
    ''shall''.
      Subsec. (i). Pub. L. 95-128, Sec. 106(i), struck out
    ''population, poverty, and housing overcrowding'' before ''data''
    and substituted ''are entitled to'' for ''receive'' and reference
    to subsec. (b)(4) for (b)(5) of this section.
      Subsec. (j). Pub. L. 95-128, Sec. 106(j), substituted ''by such
    date as the Secretary shall determine'' for ''not later than thirty
    days prior to the beginning of any program period'' and reference
    to subsec. (b)(4) for (b)(5) of this section and inserted ''for a
    hold-harmless grant for a single year'' after ''eligibility''.
      Subsec. (l). Pub. L. 95-128, Sec. 106(k), substituted provisions
    for submission of a report to Congress not later than Sept. 30,
    1978, respecting adequacy of funds allocation formula and defining
    ''impaction'' for prior requirement of a report to Congress not
    later than Mar. 31, 1977, setting forth recommendations to further
    purposes and policies of this chapter, for modifying or expanding
    the provisions of this section relating to the method of funding
    and the allocation of funds and the determination of basic grant
    entitlement, and for application of the provisions in the further
    distribution of funds under this chapter and the conduct of a study
    by the Secretary respecting manner of distributing funds under this
    chapter in accordance with community development needs, objectives,
    and capacities, measured to the maximum extent feasible by
    objective standards.
      Subsec. (m). Pub. L. 95-128, Sec. 106(l), added subsec. (m).
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 913(f) of Pub. L. 101-625 provided that:
      ''(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section (amending this section and sections
    5301 and 5307 of this title) shall apply to amounts approved in any
    appropriation Act under section 103 of the Housing and Community
    Development Act of 1974 (section 5303 of this title) for fiscal
    year 1990 and each fiscal year thereafter.
      ''(2) Grants in fiscal year 1990. - The Secretary of Housing and
    Urban Development may make grants to Indian tribes pursuant to the
    amendments made by this section with any amounts approved in any
    appropriation Act under section 103 for fiscal year 1990 for grants
    to Indian tribes, and the first sentence of section 106(a)(1) of
    the Housing and Community Development Act of 1974 (subsec. (a)(1)
    of this section) (as amended by this Act) shall not apply to such
    grants.''
                      EFFECTIVE DATE OF 1989 AMENDMENT
      Section 702(e) of Pub. L. 101-235, as amended by Pub. L. 101-625,
    title IX, Sec. 913(e), Nov. 28, 1990, 104 Stat. 4393, provided
    that: ''The amendments made by this section (amending this section
    and section 5302 of this title) shall apply to amounts approved in
    any appropriation Act under section 103 of the Housing and
    Community Development Act of 1974 (section 5303 of this title) for
    fiscal year 1990 and each fiscal year thereafter.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
                                REGULATIONS
      Section 702(d) of Pub. L. 101-235 provided that: ''The Secretary
    shall issue any regulations necessary to carry out this section and
    the amendments made by this section (amending this section and
    section 5302 of this title and enacting provisions set out as notes
    above) in a manner and by such time to provide for the
    effectiveness of such regulations with respect to amounts
    appropriated for fiscal year 1991 under section 103 of the Housing
    and Community Development Act of 1974 (section 5303 of this
    title).''
                          TRANSITIONAL PROVISIONS
      Section 307 of Pub. L. 97-35 provided that:
      ''(a) Any amounts appropriated for any fiscal year before fiscal
    year 1982 in a Department of Housing and Urban Development -
    Independent Agencies Appropriation Act or a Supplemental
    Appropriation Act under the head 'community development grants'
    which are or become available for obligation on or after October 1,
    1981, shall remain available as provided by law, and shall be used
    in accordance with the following:
        ''(1) funds authorized for use under section 106(b) (subsec.
      (b) of this section) of the Housing and Community Development Act
      of 1974 ('such Act') before October 1, 1981, shall be available
      for use as provided by section 106(c) of such Act as amended by
      this Act (subsec. (c) of this section);
        ''(2) funds authorized for use under section 107 of such Act
      (section 5307 of this title) before October 1, 1981, shall be
      available for use as provided by section 107(a) of such Act as
      amended by this Act (section 5307(a) of this title); and
        ''(3) funds authorized for use under section 106(c) or (e) of
      such Act (subsec. (c) or (e) of this section) before October 1,
      1981, shall be available for use as provided by section
      106(d)(2)(A) of such Act as amended by this Act (subsec.
      (d)(2)(A) of this section).
      ''(b) Any grant or loan which, prior to the effective date of any
    provision of this part (see Effective Date note set out under
    section 3701 of Title 12, Banks and Banking), was obligated and
    governed by any authority amended by any provision of this part
    (Pub. L. 97-35, title III, Sec. 301-315, Aug. 13, 1981, 95 Stat.
    384-398) shall continue to be governed by the provisions of such
    authority as they existed immediately before such effective date.''
           CDBG ASSISTANCE FOR UNITED STATES-MEXICO BORDER REGION
      Pub. L. 104-134, title I, Sec. 101(e) (title II), Apr. 26, 1996,
    110 Stat. 1321-257, 1321-272; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ''That
    section 916 of the Cranston-Gonzalez National Affordable Housing
    Act (set out below) shall apply with respect to fiscal year 1996,
    notwithstanding section 916(f) of that Act.''
      Section 916 of Pub. L. 101-625, as amended by Pub. L. 102-550,
    title VIII, Sec. 810, Oct. 28, 1992, 106 Stat. 3850; Pub. L.
    104-204, title II, Sept. 26, 1996, 110 Stat. 2887, provided that:
      ''(a) Set-Aside for Colonias. - The States of Arizona,
    California, New Mexico, and Texas shall each make available, for
    activities designed to meet the needs of the residents of colonias
    in the State relating to water, sewage, and housing, the following
    percentage of the amount allocated for the State under section
    106(d) of the Housing and Community Development Act of 1974 (42
    U.S.C. 5306(d)):
        ''(1) First fiscal year. - For the first fiscal year to which
      this section applies, 10 percent.
        ''(2) Succeeding fiscal years. - For each of the succeeding
      fiscal years to which this section applies, a percentage (not to
      exceed 10 percent) that is determined by the Secretary of Housing
      and Urban Development to be appropriate after consultation with
      representatives of the interests of the residents of colonias.
      ''(b) Eligible Activities. - Assistance distributed pursuant to
    this section may be used only to carry out the following
    activities:
        ''(1) Planning. - Payment of the cost of planning community
      development (including water and sewage facilities) and housing
      activities, including the cost of -
          ''(A) the provision of information and technical assistance
        to residents of the area in which the activities are to be
        concentrated and to appropriate nonprofit organizations and
        public agencies acting on behalf of the residents; and
          ''(B) preliminary surveys and analyses of market needs,
        preliminary site engineering and architectural services, site
        options, applications, mortgage commitments, legal services,
        and obtaining construction loans.
        ''(2) Assessments for public improvements. - The payment of
      assessments (including any charge made as a condition of
      obtaining access) levied against properties owned and occupied by
      persons of low and moderate income to recover the capital cost
      for a public improvement.
        ''(3) Other improvements. - Other activities eligible under
      section 105 of the Housing and Community Development Act of 1974
      (42 U.S.C. 5305) designed to meet the needs of residents of
      colonias.
      ''(c) Distribution of Assistance. - Assistance shall be made
    available pursuant to this section in accordance with a
    distribution plan that gives priority to colonias having the
    greatest need for such assistance.
      ''(d) Applicable Law. - Except to the extent inconsistent with
    this section, assistance provided pursuant to this section shall be
    subject to the provisions of title I of the Housing and Community
    Development Act of 1974 (42 U.S.C. 5301 et seq.).
      ''(e) Definitions. - For purposes of this section:
        ''(1) Colonia. - The term 'colonia' means any identifiable
      community that -
          ''(A) is in the State of Arizona, California, New Mexico, or
        Texas;
          ''(B) is in the United States-Mexico border region;
          ''(C) is determined to be a colonia on the basis of objective
        criteria, including lack of potable water supply, lack of
        adequate sewage systems, and lack of decent, safe, and sanitary
        housing; and
          ''(D) was in existence as a colonia before the date of the
        enactment of the Cranston-Gonzalez National Affordable Housing
        Act (Nov. 28, 1990).
        ''(2) Nonprofit organization. - The term 'nonprofit
      organization' means an organization described in section 501(c)
      of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)) and
      exempt from taxation under section 501(a) of such Code.
        ''(3) Persons of low and moderate income. - The term 'persons
      of low and moderate income' has the meaning given the term in
      section 102(a) of the Housing and Community Development Act of
      1974 (42 U.S.C. 5302(a)).
        ''(4) United states-mexico border region. - The term 'United
      States-Mexico border region' means the area of the United States
      within 150 miles of the border between the United States and
      Mexico, except that the term does not include any standard
      metropolitan statistical area that has a population exceeding
      1,000,000.''
                OFFICE OF INDIAN AND ALASKA NATIVE PROGRAMS
      Section 702(c) of Pub. L. 101-235, which required Secretary of
    Housing and Urban Development to administer grants to Indian tribes
    under this chapter through the Office of Indian and Alaska Native
    Programs of the Department of Housing and Urban Development, was
    repealed by Pub. L. 101-625, title IX, Sec. 913(d), Nov. 28, 1990,
    104 Stat. 4393.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1437aaa-2, 5301, 5302,
    5303, 5304, 5305, 5307, 5308, 5312, 5321, 11373, 12705, 12750,
    12873, 12893, 12899c of this title; title 26 section 42.
 
-CITE-
    42 USC Sec. 5307                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5307. Special purpose grants
 
-STATUTE-
    (a) Set-aside
      (1) In general
        For each fiscal year (except as otherwise provided in this
      paragraph), of the total amount provided in appropriation Acts
      under section 5303 of this title for the fiscal year, $60,000,000
      shall be set aside for grants under subsection (b) of this
      section for such year for the following purposes:
          (A) $7,000,000 shall be available for grants under subsection
        (b)(1) of this section;
          (B) $6,500,000 shall be available for grants under subsection
        (b)(3) of this section;
          (C) $6,000,000 shall be available for grants under subsection
        (b)(5) of this section;
          (D) $6,000,000 shall be available in fiscal year 1993 for
        grants under subsection (b)(7) of this section;
          (E) $3,000,000 shall be available for grants under subsection
        (c) of this section;
          (F) such sums as may be necessary shall be available for
        grants under paragraphs (2), (4), and (6) of subsection (b) of
        this section;
          (G) $2,000,000 shall be available in fiscal year 1993 for a
        grant to the City of Bridgeport, Connecticut, subject to the
        approval of sufficient amounts in an appropriation Act and to
        binding commitments made by the City of Bridgeport and the
        State of Connecticut that the city and State, respectively,
        will supplement such amount with $2,000,000 of additional
        funds;
          (H) $15,000,000 shall be available for grants under the
        Removal of Regulatory Barriers to Affordable Housing Act of
        1992; and
          (I) $7,500,000 shall be available to carry out the Community
        Outreach Partnership Act of 1992.
      (2) Treatment of grants
        Any grants made under this section shall be in addition to any
      other grants that may be made under this chapter to the same
      entities for the same purposes.
    (b) Permissible uses of funds
      From amounts set aside under subsection (a) of this section, the
    Secretary is authorized to make grants -
        (1) in Guam, the Virgin Islands, American Samoa, the Northern
      Mariana Islands, and the Trust Territory of the Pacific Islands;
        (2) to States and units of general local government for the
      purpose of allocating amounts to any such State or unit of
      general local government that is determined by the Secretary to
      have received insufficient amounts under section 5306 of this
      title as a result of a miscalculation of its share of funds under
      such section;
        (3) to historically Black colleges;
        (4) to States, units of general local government, Indian
      tribes, or areawide planning organizations for the purpose of
      providing technical assistance in planning, developing, and
      administering assistance under this chapter and section 1706e
      (FOOTNOTE 1) of title 12; to groups designated by such
      governmental units to assist them in carrying out assistance
      under this chapter; to qualified groups for the purpose of
      assisting more than one such governmental unit to carry out
      assistance under this chapter; the Secretary may also provide
      technical assistance, directly or through contracts, to such
      governmental units and groups; for purposes of this paragraph the
      term ''technical assistance'' means the facilitating of skills
      and knowledge in planning, developing, and administering
      activities under this chapter in entities that may need but do
      not possess such skills and knowledge, and includes assessing
      programs and activities under this chapter; except that any
      recipient of a grant under this paragraph that provides technical
      assistance pursuant to this paragraph shall provide for the
      notification of the availability of such assistance and shall
      have specific criteria for selection of recipients of such
      assistance that are published and publicly available;
       (FOOTNOTE 1) See References in Text note below.
        (5) to States and units of general local government and
      institutions of higher education having a demonstrated capacity
      to carry out eligible activities under this chapter, except that
      the Secretary may make a grant under this paragraph only to a
      State or unit of general local government that jointly, with an
      institution of higher education, has prepared and submitted to
      the Secretary an application for such grant, as the Secretary
      shall by regulation require;
        (6) to units of general local government in nonentitlement
      areas for planning community adjustments and economic
      diversification activities, which may include any eligible
      activities under section 5305 of this title, required -
          (A) by the proposed or actual establishment, realignment, or
        closure of a military installation,
          (B) by the cancellation or termination of a Department of
        Defense contract or the failure to proceed with an approved
        major weapon system program, or
          (C) by a publicly announced planned major reduction in
        Department of Defense spending that would directly and
        adversely affect a unit of general local government and will
        result in the loss of 1,000 or more full-time Department of
        Defense and contractor employee positions over a 5-year period
        in the unit of general local government and the surrounding
        area, or
      if the Secretary (in consultation with the Secretary of Defense)
      determines that an action described in subparagraph (A), (B), or
      (C) is likely to have a direct and significant adverse
      consequence on the unit of general local government; and
        (7) for the purposes of rebuilding and revitalizing distressed
      areas of the Los Angeles metropolitan area.
    (c) Assistance to economically disadvantaged and minority students
        participating in community development work study programs
      Of the amount set aside for use under subsection (b) of this
    section in any fiscal year, the Secretary shall, (FOOTNOTE 2) make
    grants to institutions of higher education, either directly or
    through areawide planning organizations or States, for the purpose
    of providing assistance to economically disadvantaged and minority
    students who participate in community development work study
    programs and are enrolled in full-time graduate or undergraduate
    programs in community and economic development, community planning,
    or community management.
       (FOOTNOTE 2) So in original.  The comma probably should not
    appear.
    (d) Continued availability of unused funds
      Amounts set aside for use under subsection (b) of this section in
    any fiscal year but not used in that year shall remain available
    for use in subsequent fiscal years in accordance with the
    provisions of that subsection.
    (e) Satisfactory assurances required, special assurances required
        of Indian tribes
      (1) Except as provided in paragraph (2), no grant may be made
    under this section or section 5318 of this title and no assistance
    may be made available under section 1437o (FOOTNOTE 3) of this
    title unless the grantee provides satisfactory assurances that its
    program will be conducted and administered in conformity with the
    Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair
    Housing Act (42 U.S.C. 3601 et seq.).
       (FOOTNOTE 3) See References in Text note below.
      (2) No grant may be made to an Indian tribe under this section,
    section 5306(a)(1) of this title, or section 5318 of this title
    unless the applicant provides satisfactory assurances that its
    program will be conducted and administered in conformity with title
    II of Public Law 90-284 (25 U.S.C. 1301 et seq.).  The Secretary
    may waive, in connection with grants to Indian tribes, the
    provisions of section 5309 of this title and section 5310 of this
    title.
      (3) The Secretary may accept a certification from the grantee or
    applicant that it has complied with the requirements of paragraph
    (1) or (2), as appropriate.
    (f) Criteria for selection of recipients
      Any grant made under this section shall be made pursuant to
    criteria for selection of recipients of such grants that the
    Secretary shall by regulation establish and which the Secretary
    shall publish together with any notification of availability of
    amounts under this section.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 107, Aug. 22, 1974, 88 Stat. 647;
    Pub. L. 94-375, Sec. 15(c), Aug. 3, 1976, 90 Stat. 1076; Pub. L.
    95-128, title I, Sec. 107, Oct. 12, 1977, 91 Stat. 1123; Pub. L.
    95-557, title I, Sec. 103(f), Oct. 31, 1978, 92 Stat. 2084; Pub. L.
    96-399, title I, Sec. 107, 117(b), Oct. 8, 1980, 94 Stat. 1618,
    1624; Pub. L. 97-35, title III, Sec. 305, Aug. 13, 1981, 95 Stat.
    391; Pub. L. 98-181, title I, Sec. 107, title III, Sec. 302(b),
    Nov. 30, 1983, 97 Stat. 1167, 1206; Pub. L. 100-242, title V, Sec.
    501(b), 517(b)(2), 522(b), Feb. 5, 1988, 101 Stat. 1922, 1936,
    1939; Pub. L. 101-235, title I, Sec. 105(a)-(c), (e), Dec. 15,
    1989, 103 Stat. 1998, 1999; Pub. L. 101-625, title IX, Sec. 901(c),
    913(c), Nov. 28, 1990, 104 Stat. 4385, 4393; Pub. L. 102-550, title
    VIII, Sec. 801(c)(1), (2), (4), 808, Oct. 28, 1992, 106 Stat.
    3843-3845, 3850.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Removal of Regulatory Barriers to Affordable Housing Act of
    1992, referred to in subsec. (a)(1)(H), is title XII of Pub. L.
    102-550, Oct. 28, 1992, 106 Stat. 3938, which enacted sections
    12705a to 12705d of this title, amended sections 5306 and 12705 of
    this title, and enacted provisions set out as notes under section
    12705a of this title.  For complete classification of this Act to
    the Code, see Short Title note set out under section 12705a of this
    title and Tables.
      The Community Outreach Partnership Act of 1992, referred to in
    subsec. (a)(1)(I), is section 851 of Pub. L. 102-550, which is set
    out below.
      Section 1706e of title 12, referred to in subsec. (b)(4), was
    repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
    104 Stat. 4128.
      Section 1437o of this title, referred to in subsec. (e)(1), was
    repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
    104 Stat. 4128.
      The Civil Rights Act of 1964, referred to in subsec. (e)(1), is
    Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 2000a
    of this title and Tables.
      The Fair Housing Act, referred to in subsec. (e)(1), is title
    VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,
    which is classified principally to subchapter I (Sec. 3601 et seq.)
    of chapter 45 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 3601 of
    this title and Tables.
      Public Law 90-284, referred to in subsec. (e)(2), is Pub. L.
    90-284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil
    Rights Act of 1968. Title II of Pub. L. 90-284 is classified
    generally to subchapter I (Sec. 1301 et seq.) of chapter 15 of
    Title 25, Indians. For complete classification of this Act to the
    Code, see Short Title note set out under section 3601 of this title
    and Tables.
 
-MISC2-
                                 AMENDMENTS
      1992 - Subsec. (a). Pub. L. 102-550, Sec. 801(c)(1), added
    heading and subsec. (a) and struck out former subsec. (a) which
    read as follows: ''Of the total amount provided in appropriation
    Acts under section 5303 of this title for fiscal years 1988 and
    1989, $60,000,000 may be set aside in each year for grants under
    subsection (b) of this section.  Grants under this section are in
    addition to any other grants which may be made under this chapter
    to the same entities for the same purposes.''
      Subsec. (b)(5) to (7). Pub. L. 102-550, Sec. 801(c)(2), added
    pars. (5) to (7).
      Subsec. (c). Pub. L. 102-550, Sec. 801(c)(4), substituted
    ''make'' for ''to the extent approved in appropriation Acts, make
    available not less than $3,000,000 in the form of''.
      Subsec. (e)(1). Pub. L. 102-550, Sec. 808, substituted ''the
    Civil Rights Act of 1964 and the Fair Housing Act'' for ''Public
    Law 88-352 and Public Law 90-284''.
      1990 - Subsec. (a). Pub. L. 101-625, Sec. 901(c), directed the
    amendment of subsec. (a), which did not contain designated pars.,
    by adding par. (3) and redesignating former pars. (3) and (4) as
    (4) and (5), respectively.
      Subsec. (e)(2). Pub. L. 101-625, Sec. 913(c), inserted '',
    section 5306(a)(1) of this title,'' after ''this section''.
      1989 - Pub. L. 101-235, Sec. 105(e), substituted ''Special
    purpose grants'' for ''Discretionary fund'' in section catchline.
      Subsec. (a). Pub. L. 101-235, Sec. 105(a), struck out ''in a
    special discretionary fund'' after ''in each year'' and struck out
    at end ''Of the amount set aside for grants under subsection (b) of
    this section for fiscal year 1988, $5,000,000 shall be made
    available by the Secretary for purposes of grants under subsection
    (b)(1) of this section for the Park Central New Community
    Project.''
      Subsec. (b)(1). Pub. L. 101-235, Sec. 105(b)(1), (3),
    redesignated former par. (2) as (1) and struck out former par. (1)
    which read as follows: ''in behalf of new communities assisted
    under title VII of the Housing and Urban Development Act of 1970 or
    title IV of the Housing and Urban Development Act of 1968 or in
    behalf of new community projects assisted under title X of the
    National Housing Act which meet the eligibility standards set forth
    in title VII of the Housing and Urban Development Act of 1970 and
    which were the subject of an application or preapplication under
    such title prior to January 14, 1975;''.
      Subsec. (b)(2). Pub. L. 101-235, Sec. 105(b)(3), redesignated
    par. (5) as (2). Former par. (2) redesignated (1).
      Subsec. (b)(3). Pub. L. 101-235, Sec. 105(b)(1), (4), added par.
    (3) and struck out former par. (3) which related to grants to
    Indian tribes.
      Subsec. (b)(4). Pub. L. 101-235, Sec. 105(b)(5), struck out ''and
    to States and units of general local government for implementing
    special projects otherwise authorized under this chapter; and''
    after ''to carry out assistance under this chapter;'', and
    substituted ''for purposes of this paragraph the term 'technical
    assistance' means the facilitating of skills and knowledge in
    planning, developing, and administering activities under this
    chapter in entities that may need but do not possess such skills
    and knowledge, and includes assessing programs and activities under
    this chapter; except that any recipient of a grant under this
    paragraph that provides technical assistance pursuant to this
    paragraph shall provide for the notification of the availability of
    such assistance and shall have specific criteria for selection of
    recipients of such assistance that are published and publicly
    available.'' for ''and'' after ''such governmental units and
    groups;''.
      Subsec. (b)(5). Pub. L. 101-235, Sec. 105(b)(3), redesignated
    par. (5) as (2).
      Subsec. (f). Pub. L. 101-235, Sec. 105(c), added subsec. (f).
      1988 - Subsec. (a). Pub. L. 100-242, Sec. 522(b), inserted
    sentence at end making $5,000,000 of grant moneys available for the
    Park Central New Community Project.
      Pub. L. 100-242, Sec. 501(b)(1), amended first sentence
    generally.  Prior to amendment, first sentence read as follows:
    ''Of the total amount approved in appropriation Acts under section
    5303 of this title for each of the fiscal years 1984, 1985, and
    1986, not more than $68,200,000 for each such fiscal year may be
    set aside in a special discretionary fund for grants under
    subsection (b) of this section.''
      Subsec. (b)(4). Pub. L. 100-242, Sec. 517(b)(2), inserted ''and
    section 1706e of title 12'' before first semicolon.
      Subsecs. (c) to (e). Pub. L. 100-242, Sec. 501(b)(2), added
    subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and
    (e), respectively.
      1983 - Subsec. (a). Pub. L. 98-181, Sec. 107(a), substituted
    provisions permitting not more than $68,200,000 for each of fiscal
    years 1984, 1985, and 1986 to be set aside in a special
    discretionary fund for grants under subsection (b) of this section,
    for provisions permitting not more than $60,000,000 to be set aside
    for each of fiscal years 1982 and 1983 in such a fund.
      Subsec. (b)(4). Pub. L. 98-181, Sec. 107(b), amended par. (4)
    generally, inserting provisions authorizing the Secretary to
    provide assistance to groups designated by certain enumerated
    governmental units to assist in carrying out this chapter, to
    qualified groups for the purpose of assisting more than one such
    governmental unit and to provide technical assistance, directly or
    through contracts, to such governmental units and groups.
      Subsec. (b)(5). Pub. L. 98-181, Sec. 107(c), added par. (5).
      Subsec. (d)(1). Pub. L. 98-181, Sec. 302(b)(1), inserted
    provisions relating to section 1437o of this title, and substituted
    ''grantee'' for ''applicant''.
      Subsec. (d)(3). Pub. L. 98-181, Sec. 302(b)(2), inserted
    ''grantee or'' before ''applicant''.
      1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating
    to authorization of appropriations under section 5303 of this title
    for fiscal years 1982 and 1983, and supplemental nature of grants,
    for provisions relating to authorization of appropriations under
    section 5303(a)(1) of this title for fiscal years 1981 to 1983, and
    purposes for expenditures from fund.
      Subsec. (b). Pub. L. 97-35 substituted provisions relating to
    permissible uses of funds for provisions relating to limitations on
    amounts reserved for emergency disaster needs.
      Subsec. (c). Pub. L. 97-35 substituted provisions relating to
    amounts set aside for use under subsec. (b) of this section for
    provisions relating to amounts set aside and reserved in the
    special fund under subsec. (b) of this section.
      Subsec. (d). Pub. L. 97-35 substituted provisions relating to
    assurances required for provisions relating to Indian tribal
    eligibility for grant as dependent upon conformity of program with
    prescribed constitutional rights and habeas corpus.
      1980 - Subsec. (a). Pub. L. 96-399, Sec. 107, substituted
    ''approved in appropriation Acts under section 5303(a)(1) of this
    title for each of the fiscal years 1981, 1982, and 1983, not more
    than $104,000,000 for fiscal year 1981, not more than $104,000,000
    for fiscal year 1982, and not more than $107,000,000 for fiscal
    year 1983 may'' for ''of authority to enter into contracts approved
    in appropriation Acts under section 5303(a)(1) of this title for
    each of the fiscal years 1975, 1976, 1977, 1978, 1979, and 1980, an
    amount equal to 3 per centum thereof shall''.
      Subsec. (d). Pub. L. 96-399, Sec. 117(b), inserted ''under this
    chapter'' after ''Indian tribe''.
      1978 - Subsec. (a)(8). Pub. L. 95-557 substituted ''The Secretary
    may also provide, directly or through contracts, technical
    assistance under this paragraph to such governmental units, or to a
    group designated by such a governmental unit for the purpose of
    assisting that governmental unit to carry out its Community
    Development Program'' for ''The Secretary may also provide such
    technical assistance under this paragraph directly or through
    contracts''.
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 107(1), (2), extended
    provisions to fiscal years 1978 through 1980 and increased rate to
    3 from 2 per centum.
      Subsec. (a)(5). Pub. L. 95-128, Sec. 107(3), provided for grants
    to Indian tribes.
      Subsec. (a)(7), (8). Pub. L. 95-128, Sec. 107(4), added pars. (7)
    and (8).
      Subsec. (b). Pub. L. 95-128, Sec. 107(5), substituted ''15 per
    centum'' for ''one-fourth''.
      Subsec. (d). Pub. L. 95-128, Sec. 107(6), added subsec. (d).
      1976 - Subsec. (a)(1). Pub. L. 94-375 included new community
    projects assisted under title X of the National Housing Act as
    within the authority of the Secretary to make grants from the
    special discretionary fund.
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by section 913(c) of Pub. L. 101-625 applicable to
    amounts approved in any appropriation Act under section 5303 of
    this title for fiscal year 1990 and each fiscal year thereafter,
    see section 913(f) of Pub. L. 101-625, set out as a note under
    section 5306 of this title.
                      EFFECTIVE DATE OF 1989 AMENDMENT
      Section 105(d) of Pub. L. 101-235 provided that:
      ''(1) In general. - Except as provided in this paragraph and
    paragraph (2), the amendments made by this section (amending this
    section) shall apply with respect to any grants made under section
    107 of the Housing and Community Development Act of 1974 (this
    section) on or after the date of the enactment of this Act (Dec.
    15, 1989), except a grant made under the third sentence of section
    107(a) of (the) Housing and Community Development Act of 1974, as
    such sentence existed immediately before such date, and grants for
    specific activities (referred to in House Report Number 101-297)
    pursuant to the amount appropriated for use under section 107 by
    the enactment of the bill, H.R. 2916, of the One Hundred First
    Congress (Pub. L. 101-144, Nov. 9, 1989, 103 Stat. 850).
      ''(2) Prior grants. - Any grant made under section 107 of the
    Housing and Community Development Act of 1974 (this section) before
    the date of the enactment of this Act (Dec. 15, 1989) or pursuant
    to a grant award notification made before such date shall be
    governed by the provisions of such section as it existed
    immediately before the date of the enactment of this Act.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section
    104 of Pub. L. 95-557, set out as a note under section 1709 of
    Title 12, Banks and Banking.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
                                REGULATIONS
      Section 801(c)(3) of Pub. L. 102-550 provided that: ''Not later
    than the expiration of the 60-day period beginning on the date of
    the enactment of this Act (Oct. 28, 1992), the Secretary of Housing
    and Urban Development shall issue proposed regulations to carry out
    section 107(b)(6) of the Housing and Community Development Act of
    1974 (42 U.S.C. 5307(b)(6)), as added by subsection (c)(2) of this
    section.  The Secretary shall issue final regulations to carry out
    section 107(b)(6) not later than the expiration of the 120-day
    period beginning on the date of the enactment of this Act and after
    notice and opportunity for public comment pursuant to the
    provisions of section 553 of title 5, United States Code
    (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such
    section).  Such final regulations shall take effect 30 days after
    issuance.''
 
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
 
-MISC5-
                       COMMUNITY OUTREACH PARTNERSHIP
      Section 851 of Pub. L. 102-550 directed Secretary to carry out a
    5-year demonstration program to determine feasibility of
    facilitating partnerships between institutions of higher education
    and communities to solve urban problems through research, outreach,
    and exchange of information, established program of grants to
    public and private nonprofit institutions of higher education to
    assist in establishing or carrying out such activities and to
    establish and operate Community Outreach Partnership Centers which
    were to focus on problems associated with housing, economic
    development, neighborhood revitalization, infrastructure, health
    care, job training, education, crime prevention, planning,
    community organizing, and other areas deemed appropriate by the
    Secretary, further provided for establishment of national advisory
    council to assist Secretary in these areas and a national
    clearinghouse to disseminate information resulting from these
    activities, and further provided for appropriations for the
    demonstration program as well as for an annual report to Congress
    by the Secretary.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5306, 5308, 12705c of
    this title; title 26 section 42.
 
-CITE-
    42 USC Sec. 5308                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5308. Guarantee and commitment to guarantee loans for
        acquisition of property
 
-STATUTE-
    (a) Authority of Secretary; issuance of obligations by eligible
        public entities or designated public agencies; form,
        denomination, maturity, and conditions of notes or other
        obligations; percentage allocation requirements
      The Secretary is authorized, upon such terms and conditions as
    the Secretary may prescribe, to guarantee and make commitments to
    guarantee, only to such extent or in such amounts as provided in
    appropriation Acts, the notes or other obligations issued by
    eligible public entities, or by public agencies designated by such
    eligible public entities, for the purposes of financing (1)
    acquisition of real property or the rehabilitation of real property
    owned by the eligible public entity (including such related
    expenses as the Secretary may permit by regulation); (2) housing
    rehabilitation; (3) economic development activities permitted under
    paragraphs (14), (15), and (17) of section 5305(a) of this title;
    (4) construction of housing by nonprofit organizations for
    homeownership under section 1437o(d) (FOOTNOTE 1) of this title or
    title VI of the Housing and Community Development Act of 1987; (5)
    the acquisition, construction, reconstruction, or installation of
    public facilities (except for buildings for the general conduct of
    government); or (6) in the case of colonias (as such term is
    defined in section 916 of the Cranston-Gonzalez National Affordable
    Housing Act), public works and site or other improvements.  A
    guarantee under this section may be used to assist a grantee in
    obtaining financing only if the grantee has made efforts to obtain
    such financing without the use of such guarantee and cannot
    complete such financing consistent with the timely execution of the
    program plans without such guarantee.  Notes or other obligations
    guaranteed pursuant to this section shall be in such form and
    denominations, have such maturities, and be subject to such
    conditions as may be prescribed by regulations issued by the
    Secretary. The Secretary may not deny a guarantee under this
    section on the basis of the proposed repayment period for the note
    or other obligation, unless the period is more than 20 years or the
    Secretary determines that the period causes the guarantee to
    constitute an unacceptable financial risk.  Notwithstanding any
    other provision of law and subject only to the absence of qualified
    applicants or proposed activities and to the authority provided in
    this section, to the extent approved or provided in appropriation
    Acts, the Secretary shall enter into commitments to guarantee notes
    and obligations under this section with an aggregate principal
    amount of $2,000,000,000 for fiscal year 1993 and $2,000,000,000
    for fiscal year 1994. Of the amount approved in any appropriation
    Act for guarantees under this section in any fiscal year, the
    Secretary shall allocate 70 percent for guarantees for metropolitan
    cities, urban counties, and Indian tribes and 30 percent for
    guarantees for units of general local government in nonentitlement
    areas.  The Secretary may waive the percentage requirements of the
    preceding sentence in any fiscal year only to the extent that there
    is an absence of qualified applicants or proposed activities from
    metropolitan cities, urban counties, and Indian tribes or units of
    general local government in nonentitlement areas.
       (FOOTNOTE 1) See References in Text note below.
    (b) Prerequisites
      No guarantee or commitment to guarantee shall be made with
    respect to any note or other obligation if the issuer's total
    outstanding notes or obligations guaranteed under this section
    (excluding any amount defeased under the contract entered into
    under subsection (d)(1)(A) of this section) would thereby exceed an
    amount equal to 5 times the amount of the grant approval for the
    issuer pursuant to section 5306 or 5307 of this title.
    (c) Payment of principal, interest and costs
      Notwithstanding any other provision of this chapter, grants
    allocated to an issuer pursuant to this chapter (including program
    income derived therefrom) are authorized for use in the payment of
    principal and interest due (including such servicing, underwriting,
    or other costs as may be specified in regulations of the Secretary)
    on the notes or other obligations guaranteed pursuant to this
    section.
    (d) Repayment contract; security; pledge by State
      (1) To assure the repayment of notes or other obligations and
    charges incurred under this section and as a condition for
    receiving such guarantees, the Secretary shall require the issuer
    to -
        (A) enter into a contract, in a form acceptable to the
      Secretary, for repayment of notes or other obligations guaranteed
      hereunder;
        (B) pledge any grant for which the issuer may become eligible
      under this chapter; and
        (C) furnish, at the discretion of the Secretary, such other
      security as may be deemed appropriate by the Secretary in making
      such guarantees, including increments in local tax receipts
      generated by the activities assisted under this chapter or
      dispositions proceeds from the sale of land or rehabilitated
      property.
      (2) To assist in assuring the repayment of notes or other
    obligations and charges incurred under this section, a State shall
    pledge any grant for which the State may become eligible under this
    chapter as security for notes or other obligations and charges
    issued under this section by any unit of general local government
    in a nonentitlement area in the State.
    (e) Pledged grants for repayments
      The Secretary is authorized, notwithstanding any other provision
    of this chapter, to apply grants pledged pursuant to paragraphs
    (1)(B) and (2) of subsection (d) of this section to any repayments
    due the United States as a result of such guarantees.
    (f) Full faith and credit of United States pledged for payment;
        conclusiveness and validity of guarantee
      The full faith and credit of the United States is pledged to the
    payment of all guarantees made under this section.  Any such
    guarantee made by the Secretary shall be conclusive evidence of the
    eligibility of the obligations for such guarantee with respect to
    principal and interest, and the validity of any such guarantee so
    made shall be incontestable in the hands of a holder of the
    guaranteed obligations.
    (g) Issuance of obligations by Secretary to Secretary of the
        Treasury to satisfy authorized guarantee obligations;
        establishment of maturities and rates of interest and purchase
        of obligations by Secretary of the Treasury
      The Secretary may issue obligations to the Secretary of the
    Treasury in an amount outstanding at any one time sufficient to
    enable the Secretary to carry out his obligations under guarantees
    authorized by this section.  The obligations issued under this
    subsection shall have such maturities and bear such rate or rates
    of interest as shall be determined by the Secretary of the
    Treasury. The Secretary of the Treasury is authorized and directed
    to purchase any obligations of the Secretary issued under this
    section, and for such purposes is authorized to use as a public
    debt transaction the proceeds from the sale of any securities
    issued under chapter 31 of title 31, and the purposes for which
    such securities may be issued under such chapter are extended to
    include the purchases of the Secretary's obligations hereunder.
    (h) Federal taxation of guaranteed obligations; grants to borrowing
        entity or agency of taxable obligations for net interest costs,
        etc.; limitation on amount of grant; assistance to issuer in
        hardship cases
      Obligations guaranteed under this section shall be subject to
    Federal taxation as provided in subsection (j) of this section.
    The Secretary is authorized to make, and to contract to make,
    grants, in such amounts as may be approved in appropriations Acts,
    to or on behalf of the issuing eligible public entity or public
    agency to cover not to exceed 30 per centum of the net interest
    cost (including such servicing, underwriting, or other costs as may
    be specified in regulations of the Secretary) to the borrowing
    entity or agency of such obligations.  The Secretary may also, to
    the extent approved in appropriation Acts, assist the issuer of a
    note or other obligation guaranteed under this section in the
    payment of all or a portion of the principal and interest amount
    due under the note or other obligation, if the Secretary determines
    that the issuer is unable to pay the amount because of
    circumstances of extreme hardship beyond the control of the issuer.
    (i) Omitted
    (j) Inclusion within gross income for purpose of chapter 1 of title
        26 of interest paid on taxable obligations
      With respect to any obligation issued by a (FOOTNOTE 2) eligible
    public entity or designated agency which is guaranteed pursuant to
    this section, the interest paid on such obligation shall be
    included in gross income for the purpose of chapter 1 of title 26.
       (FOOTNOTE 2) So in original.  Probably should be ''an''.
    (k) Outstanding obligations; limitation; monitoring use of
        guarantees under this section
      (1) The total amount of outstanding obligations guaranteed on a
    cumulative basis by the Secretary pursuant to subsection (a) of
    this section shall not at any time exceed $4,500,000,000 or such
    higher amount as may be authorized to be appropriated for sections
    5306 and 5307 of this title for any fiscal year.
      (2) The Secretary shall monitor the use of guarantees under this
    section by eligible public entities.  If the Secretary finds that
    50 percent of the aggregate guarantee authority has been committed,
    the Secretary may -
        (A) impose limitations on the amount of guarantees any one
      entity may receive in any fiscal year of $35,000,000 for units of
      general local government receiving grants under section 5306(b)
      of this title and $7,000,000 for units of general local
      government receiving grants under section 5306(d) of this title;
      or
        (B) request the enactment of legislation increasing the
      aggregate limitation on guarantees under this section.
    (l) Purchase of guaranteed obligations by Federal Financing Bank
      Notes or other obligations guaranteed under this section may not
    be purchased by the Federal Financing Bank.
    (m) Limitation on imposition of fee or charge
      No fee or charge may be imposed by the Secretary or any other
    Federal agency on or with respect to a guarantee made by the
    Secretary under this section after February 5, 1988.
    (n) State assistance in submission of applications
      Any State that has elected under section 5306(d)(2)(A) of this
    title to distribute funds to units of general local government in
    nonentitlement areas may assist such units in the submission of
    applications for guarantees under this section.
    (o) ''Eligible public entity'' defined
      For purposes of this section, the term ''eligible public entity''
    means any unit of general local government, including units of
    general local government in nonentitlement areas.
    (p) Training and information activities relating to home guarantee
        program
      (1) The Secretary, in cooperation with eligible public entities,
    shall carry out training and information activities with respect to
    the guarantee program under this section.  Such activities shall
    commence not later than 1 year after November 28, 1990. (FOOTNOTE
    3)
       (FOOTNOTE 3) See Codification note below.
      (2) The Secretary may use amounts set aside under section 5307 of
    this title to carry out this subsection.
    (q) Economic development grants
      (1) Authorization
        The Secretary may make grants in connection with notes or other
      obligations guaranteed under this section to eligible public
      entities for the purpose of enhancing the security of loans
      guaranteed under this section or improving the viability of
      projects financed with loans guaranteed under this section.
      (2) Eligible activities
        Assistance under this subsection may be used only for the
      purposes of and in conjunction with projects and activities
      assisted under subsection (a) of this section.
      (3) Applications
        Applications for assistance under this subsection may be
      submitted only by eligible public entities, and shall be in the
      form and in accordance with the procedures established by the
      Secretary. Eligible public entities may apply for grants only in
      conjunction with requests for guarantees under subsection (a) of
      this section.
      (4) Selection criteria
        The Secretary shall establish criteria for awarding assistance
      under this subsection.  Such criteria shall include -
          (A) the extent of need for such assistance;
          (B) the level of distress in the community to be served and
        in the jurisdiction applying for assistance;
          (C) the quality of the plan proposed and the capacity or
        potential capacity of the applicant to successfully carry out
        the plan; and
          (D) such other factors as the Secretary determines to be
        appropriate.
    (r) Guarantee of obligations backed by loans
      (1) Authority
        The Secretary may, upon such terms and conditions as the
      Secretary considers appropriate, guarantee the timely payment of
      the principal of and interest on such trust certificates or other
      obligations as may -
          (A) be offered by the Secretary or by any other offeror
        approved for purposes of this subsection by the Secretary; and
          (B) be based on and backed by a trust or pool composed of
        notes or other obligations guaranteed or eligible for guarantee
        by the Secretary under this section.
      (2) Full faith and credit
        To the same extent as provided in subsection (f) of this
      section, the full faith and credit of the United States is
      pledged to the payment of all amounts that may be required to be
      paid under any guarantee made by the Secretary under this
      subsection.
      (3) Subrogation
        If the Secretary pays a claim under a guarantee made under this
      section, the Secretary shall be subrogated for all the rights of
      the holder of the guaranteed certificate or obligation with
      respect to such certificate or obligation.
      (4) Effect of laws
        No State or local law, and no Federal law, shall preclude or
      limit the exercise by the Secretary of -
          (A) the power to contract with respect to public offerings
        and other sales of notes, trust certificates, and other
        obligations guaranteed under this section upon such terms and
        conditions as the Secretary deems appropriate;
          (B) the right to enforce any such contract by any means
        deemed appropriate by the Secretary; and
          (C) any ownership rights of the Secretary, as applicable, in
        notes, certificates, or other obligations guaranteed under this
        section, or constituting the trust or pool against which trust
        certificates, or other obligations guaranteed under this
        section, are offered.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 108, Aug. 22, 1974, 88 Stat. 647;
    Pub. L. 95-128, title I, Sec. 108, Oct. 12, 1977, 91 Stat. 1123;
    Pub. L. 96-399, title I, Sec. 108, Oct. 8, 1980, 94 Stat. 1619;
    Pub. L. 97-35, title III, Sec. 309(i), Aug. 13, 1981, 95 Stat. 397;
    Pub. L. 98-181, title I, Sec. 108, Nov. 30, 1983, 97 Stat. 1168;
    Pub. L. 98-479, title II, Sec. 203(l)(2), 204(k)(1), Oct. 17, 1984,
    98 Stat. 2231, 2233; Pub. L. 99-272, title III, Sec. 3002(a), Apr.
    7, 1986, 100 Stat. 102; Pub. L. 100-242, title V, Sec. 514, Feb. 5,
    1988, 101 Stat. 1930; Pub. L. 101-625, title IX, Sec. 901(b),
    910(b)-(g), Nov. 28, 1990, 104 Stat. 4385, 4389-4391; Pub. L.
    102-550, title VIII, Sec. 801(b), Oct. 28, 1992, 106 Stat. 3843;
    Pub. L. 103-233, title II, Sec. 231, 232(a)(1), 233, Apr. 11, 1994,
    108 Stat. 366, 368; Pub. L. 104-120, Sec. 3(b), Mar. 28, 1996, 110
    Stat. 835.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 1437o of this title, referred to in subsec. (a)(4), was
    repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
    104 Stat. 4128.
      Title VI of the Housing Community Development Act of 1987,
    referred to in subsec. (a)(4), is title VI of Pub. L. 100-242, Feb.
    5, 1988, 101 Stat. 1951, which was set out as a note under section
    1715l of Title 12, Banks and Banking, and was repealed by Pub. L.
    101-625, title II, Sec. 289(b), Nov. 28, 1990, 104 Stat. 4128.
      Section 916 of the Cranston-Gonzalez National Affordable Housing
    Act, referred to in subsec. (a)(6), is section 916 of Pub. L.
    101-625, as amended, which is set out as a note under section 5306
    of this title.
 
-COD-
                                CODIFICATION
      Subsec. (i) of this section amended section 711(22) of former
    Title 31, Money and Finance. Subsec. (i) was originally enacted as
    subsec. (f) of this section, and was redesignated as subsec. (i) by
    Pub. L. 95-128, Sec. 108(2).
      November 28, 1990, referred to in subsec. (p)(1), was in the
    original ''the date of the enactment of the Housing and Community
    Development Act of 1990'', and was translated as meaning the date
    of enactment of the Cranston-Gonzalez National Affordable Housing
    Act, Pub. L. 101-625, which enacted subsec. (p) of this section, to
    reflect the probable intent of Congress and because no ''Housing
    and Community Development Act of 1990'' has been enacted.
 
-MISC3-
                                 AMENDMENTS
      1996 - Subsec. (k)(1). Pub. L. 104-120 substituted
    ''$4,500,000,000'' for ''$3,500,000,000''.
      1994 - Subsec. (a). Pub. L. 103-233, Sec. 231, added cls. (5) and
    (6).
      Subsec. (q). Pub. L. 103-233, Sec. 232(a)(1), added subsec. (q).
      Subsec. (r). Pub. L. 103-233, Sec. 233, added subsec. (r).
      1992 - Subsec. (a). Pub. L. 102-550 amended fifth sentence
    generally.  Prior to amendment, fifth sentence read as follows:
    ''Notwithstanding any other provision of law and subject only to
    the absence of qualified applicants or proposed activities and to
    the authority provided in this section, to the extent approved or
    provided in appropriation Acts, the Secretary shall enter into
    commitments to guarantee notes and obligations under this section
    with an aggregate principal amount of $300,000,000 during fiscal
    year 1991 and $300,000,000 during fiscal year 1992.''
      1990 - Subsec. (a). Pub. L. 101-625, Sec. 910(e)(1), inserted at
    end ''Of the amount approved in any appropriation Act for
    guarantees under this section in any fiscal year, the Secretary
    shall allocate 70 percent for guarantees for metropolitan cities,
    urban counties, and Indian tribes and 30 percent for guarantees for
    units of general local government in nonentitlement areas.  The
    Secretary may waive the percentage requirements of the preceding
    sentence in any fiscal year only to the extent that there is an
    absence of qualified applicants or proposed activities from
    metropolitan cities, urban counties, and Indian tribes or units of
    general local government in nonentitlement areas.''
      Pub. L. 101-625, Sec. 910(c), inserted ''The Secretary may not
    deny a guarantee under this section on the basis of the proposed
    repayment period for the note or other obligation, unless the
    period is more than 20 years or the Secretary determines that the
    period causes the guarantee to constitute an unacceptable financial
    risk.''
      Pub. L. 101-625, Sec. 910(b)(2), substituted a semicolon for '';
    or'' before ''(3)'' and added cl. (4).
      Pub. L. 101-625, Sec. 910(b)(1)(A), substituted ''eligible public
    entity'' and ''eligible public entities'' for ''unit of general
    local government'' and ''units of general local government'',
    respectively, wherever appearing.
      Pub. L. 101-625, Sec. 901(b), amended last sentence generally.
    Prior to amendment, last sentence read as follows:
    ''Notwithstanding any other provision of law and subject only to
    the absence of qualified applicants or proposed activities, to the
    authority provided in this section, and to any funding limitation
    approved in appropriation Acts, the Secretary shall enter into
    commitments to guarantee notes and obligations under this section
    with an aggregate principal amount of $150,000,000 during fiscal
    year 1988, and $153,000,000 during fiscal year 1989.''
      Subsec. (b). Pub. L. 101-625, Sec. 910(d), inserted ''(excluding
    any amount defeased under the contract entered into under
    subsection (d)(1)(A) of this section)'' after ''this section'',
    substituted ''5'' for ''three'', and inserted reference to section
    5307 of this title.
      Subsec. (d). Pub. L. 101-625, Sec. 910(b)(4)(A), designated
    existing provisions as par. (1), redesignated former pars. (1) to
    (3) as subpars. (A) to (C), respectively, and added par. (2).
      Subsec. (e). Pub. L. 101-625, Sec. 910(b)(4)(B), substituted
    ''paragraphs (1)(B) and (2) of subsection (d)'' for ''subsection
    (d)(2)''.
      Subsec. (h). Pub. L. 101-625, Sec. 910(f), inserted at end ''The
    Secretary may also, to the extent approved in appropriation Acts,
    assist the issuer of a note or other obligation guaranteed under
    this section in the payment of all or a portion of the principal
    and interest amount due under the note or other obligation, if the
    Secretary determines that the issuer is unable to pay the amount
    because of circumstances of extreme hardship beyond the control of
    the issuer.''
      Pub. L. 101-625, Sec. 910(b)(1), substituted ''entity or agency''
    for ''unit or agency'' and ''eligible public entity'' for ''unit of
    general local government''.
      Subsec. (j). Pub. L. 101-625, Sec. 910(b)(1)(A), substituted
    ''eligible public entity'' for ''unit of general local
    government''.
      Subsec. (k). Pub. L. 101-625, Sec. 910(e)(2), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (n). Pub. L. 101-625, Sec. 910(b)(3), added subsec. (n).
      Subsec. (o). Pub. L. 101-625, Sec. 910(b)(5), added subsec. (o).
      Subsec. (p). Pub. L. 101-625, Sec. 910(g), added subsec. (p).
      1988 - Subsec. (a). Pub. L. 100-242, Sec. 514(c), in first
    sentence inserted cl. (1) designation and added cls. (2) and (3).
      Pub. L. 100-242, Sec. 514(a), in last sentence struck out
    ''during fiscal year 1984'' after ''commitment'' and substituted
    ''$150,000,000 during fiscal year 1988, and $153,000,000 during
    fiscal year 1989'' for ''$225,000,000''.
      Subsec. (m). Pub. L. 100-242, Sec. 514(b), added subsec. (m).
      1986 - Subsec. (l). Pub. L. 99-272 added subsec. (l).
      1984 - Subsec. (g). Pub. L. 98-479, Sec. 203(l)(2), substituted
    ''chapter 31 of title 31'' for ''the Second Liberty Bond Act, as
    now or hereafter in force'' and ''such chapter'' for ''such Act''.
      Subsec. (h). Pub. L. 98-479, Sec. 204(k)(1), substituted
    ''subsection (j)'' for ''subsection (g)''.
      1983 - Subsec. (a). Pub. L. 98-181 inserted provision that a
    guarantee under this section may be used to assist a grantee in
    obtaining financing only if the grantee has made efforts to obtain
    such financing without the use of such guarantee and cannot
    complete such financing consistent with the timely execution of the
    program plans without such guarantee, and substituted provisions
    requiring the Secretary to enter into commitments during fiscal
    year 1984 to guarantee notes and obligations under this section
    with an aggregate principal amount of $225,000,000, notwithstanding
    any other provision of law and subject only to the absence of
    qualified applicants or proposed activities, for provisions
    prohibiting the Secretary from entering into commitments during
    fiscal year 1981 to guarantee under this section notes and other
    obligations with an aggregate principal amount in excess of
    $300,000,000.
      1981 - Subsec. (d)(2). Pub. L. 97-35 struck out ''approved or''
    after ''grant''.
      1980 - Subsec. (a). Pub. L. 96-399, Sec. 108(1), (2), inserted
    provision respecting amounts as provided in appropriation Acts, and
    provision relating to limitation of $300,000,000 the amount the
    Secretary is authorized to guarantee during fiscal year 1981.
      Subsec. (j). Pub. L. 96-399, Sec. 108(3), struck out
    ''Notwithstanding any other provision of this section'' before
    ''The total amount''.
      1977 - Subsec. (a). Pub. L. 95-128, Sec. 108(1), (3), reenacted
    substantially existing provisions and struck out ''or assembly''
    after ''acquisition of'', included rehabilitation of real property
    owned by the unit of general local government, inserted provision
    respecting form, denominations, maturities, and conditions of notes
    or other obligations to be guaranteed, and struck out after
    parenthetical text ''to serve or be used in carrying out activities
    which are eligible for assistance under section 5305 of this title
    and are identified in the application under section 5304 of this
    title, and with respect to which grants have been or are to be made
    under section 5303 of this title, but no such guarantee shall be
    issued in behalf of any agency designed to benefit, in or by the
    flotation of any issue, a private individual or corporation''.
      Subsec. (b). Pub. L. 95-128, Sec. 108(1), (3), added subsec. (b)
    and struck out prior provisions respecting: reservation and
    withholding of prescribed amount for purpose of paying guaranteed
    obligations, subject to being increased because of any
    unanticipated, major reduction in estimated disposition proceeds;
    pledge of full faith and credit of unit of general local government
    to the Secretary for repayment of any amount required to be paid by
    the United States pursuant to any guarantee; and pledge of
    repayment of proceeds of grants in event of failure of repayment as
    hereinbefore provided.
      Subsecs. (c) to (e). Pub. L. 95-128, Sec. 108(3), added subsecs.
    (c) to (e). Former subsecs. (c) to (e) redesignated (f) to (h).
      Subsecs. (f), (g). Pub. L. 95-128, Sec. 108(2), redesignated
    former subsecs. (c) and (d) as (f) and (g).
      Subsec. (h). Pub. L. 95-128, Sec. 108(2), (4), (5), redesignated
    former subsec. (e) as (h) and substituted in first sentence
    ''subsection (j)'' for ''subsection (g)''; substituted in first
    sentence ''shall'' for ''may, at the option of the issuing unit of
    general local government or designated agency,''; and in second
    sentence ''The Secretary is authorized to make, and to contract to
    make, grants, in such amounts as may be approved in appropriations
    Acts,'' for ''In the event that taxable obligations are issued and
    guaranteed, the Secretary is authorized to make, and to contract to
    make, grants''.
      Subsec. (j). Pub. L. 95-128, Sec. 108(2), (6), redesignated
    former subsec. (g) as (j) and substituted ''is guaranteed pursuant
    to'' for ''such unit or agency has elected to issue as a taxable
    obligation pursuant to subsection (e) of''.
      Subsec. (k). Pub. L. 95-128, Sec. 108(7), added subsec. (k).
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-120 to be construed to have become
    effective Oct. 1, 1995, see section 13(a) of Pub. L. 104-120, set
    out as an Effective and Termination Dates of 1996 Amendments note
    under section 1437d of this title.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-233 applicable with respect to any
    amounts made available to carry out subchapter II (Sec. 12721 et
    seq.) of chapter 130 of this title after Apr. 11, 1994, and any
    amounts made available to carry out that subchapter before that
    date that remain uncommitted on that date, with Secretary to issue
    any regulations necessary to carry out such amendment not later
    than end of 45-day period beginning on that date, see section 209
    of Pub. L. 103-233, set out as a note under section 5301 of this
    title.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Section 3002(b) of Pub. L. 99-272 provided that: ''The amendment
    made by subsection (a) (amending this section) shall take effect on
    July 1, 1986.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
                                REGULATIONS
      Section 910(i) of Pub. L. 101-625 provided that: ''To carry out
    the amendments made by this section (amending this section and
    section 5313 of this title), the Secretary of Housing and Urban
    Development shall -
        ''(1) issue proposed regulations not later than 90 days after
      the date of the enactment of this Act (Nov. 28, 1990); and
        ''(2) issue final regulations not later than 180 days after the
      date of the enactment of this Act.''
                   COMMUNITY DEVELOPMENT LOAN GUARANTEES
      Section 910(a) of Pub. L. 101-625 provided that:
      ''(1) Purposes. - The purposes of the amendments made by this
    section (amending this section and section 5313 of this title) are
    -
        ''(A) to reaffirm the commitment of the Federal Government to
      assist local governments in their efforts in stimulating economic
      and community development activities needed to combat severe
      economic distress and to help in promoting economic development
      activities needed to aid in economic recovery; and
        ''(B) to promote revitalization and development projects
      undertaken by local governments that principally benefit persons
      of low and moderate income, the elimination of slums and blight,
      and to meet urgent community needs, with special priority for
      projects located in areas designated as enterprise zones by the
      Federal Government or by any State.
      ''(2) Objectives. - In order to further the purpose described in
    paragraph (1), activities undertaken pursuant to the amendments
    made by this section shall be directed toward meeting the
    objectives set forth in sections 101(c) and 104(b)(3) of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5301(c)
    and 5304(b)(3)) and the additional objectives of -
        ''(A) encouraging local governments to establish public-private
      partnerships;
        ''(B) preserving housing affordable for persons of low and
      moderate income; and
        ''(C) creating permanent employment opportunities, primarily
      for persons of low and moderate income.''
    ADMINISTRATIVE ACTIONS FOR PROVISION OF PRIVATE SECTOR FINANCING OF
                              GUARANTEED LOANS
      Section 3002(c) of Pub. L. 99-272 provided that: ''The Secretary
    of Housing and Urban Development shall take such administrative
    actions as are necessary to provide by the effective date of
    subsection (a) (July 1, 1986) private sector financing of loans
    guaranteed under section 108 of the Housing and Community
    Development Act of 1974 (this section).''
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5301, 5304, 5306, 5313,
    5318 of this title; title 26 section 42; title 31 section 1305.
 
-CITE-
    42 USC Sec. 5309                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5309. Nondiscrimination in programs and activities
 
-STATUTE-
    (a) Prohibited conduct
      No person in the United States shall on the ground of race,
    color, national origin, religion, or sex be excluded from
    participation in, be denied the benefits of, or be subjected to
    discrimination under any program or activity funded in whole or in
    part with funds made available under this chapter.  Any prohibition
    against discrimination on the basis of age under the Age
    Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect
    to an otherwise qualified handicapped individual as provided in
    section 794 of title 29 shall also apply to any such program or
    activity.
    (b) Compliance procedures available to Secretary
      Whenever the Secretary determines that a State or unit of general
    local government which is a recipient of assistance under this
    chapter has failed to comply with subsection (a) of this section or
    an applicable regulation, he shall notify the Governor of such
    State or the chief executive officer of such unit of local
    government of the noncompliance and shall request the Governor or
    the chief executive officer to secure compliance.  If within a
    reasonable period of time, not to exceed sixty days, the Governor
    or the chief executive officer fails or refuses to secure
    compliance, the Secretary is authorized to (1) refer the matter to
    the Attorney General with a recommendation that an appropriate
    civil action be instituted; (2) exercise the powers and functions
    provided by title VI of the Civil Rights Act of 1964 (42 U.S.C.
    2000d); (3) exercise the powers and functions provided for in
    section 5311(a) of this title; or (4) take such other action as may
    be provided by law.
    (c) Civil action by Attorney General
      When a matter is referred to the Attorney General pursuant to
    subsection (b) of this section, or whenever he has reason to
    believe that a State government or unit of general local government
    is engaged in a pattern or practice in violation of the provisions
    of this section, the Attorney General may bring a civil action in
    any appropriate United States district court for such relief as may
    be appropriate, including injunctive relief.
    (d) Waiver of race discrimination prohibitions regarding assistance
        to Hawaiian Home Lands
      The provisions of this section and section 5304(b)(2) of this
    title which relate to discrimination on the basis of race shall not
    apply to the provision of assistance by grantees under this chapter
    to the Hawaiian Home Lands.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 109, Aug. 22, 1974, 88 Stat. 649;
    Pub. L. 97-35, title III, Sec. 306, Aug. 13, 1981, 95 Stat. 392;
    Pub. L. 101-625, title IX, Sec. 911, 912(a), Nov. 28, 1990, 104
    Stat. 4392.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Age Discrimination Act of 1975, referred to in subsec. (a),
    is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as
    amended, which is classified generally to chapter 76 (Sec. 6101 et
    seq.) of this title.  For complete classification of this Act to
    the Code, see Short Title note set out under section 6101 of this
    title and Tables.
      The Civil Rights Act of 1964, referred to in subsec. (b), is Pub.
    L. 88-352, July 2, 1964, 78 Stat. 241, as amended.  Title VI of the
    Civil Rights Act of 1964 is classified generally to subchapter V
    (Sec. 2000d et seq.) of chapter 21 of this title.  For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2000a of this title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1990 - Subsec. (a). Pub. L. 101-625, Sec. 912(a), inserted
    ''religion,'' after ''national origin,''.
      Subsec. (d). Pub. L. 101-625, Sec. 911, added subsec. (d).
      1981 - Subsec. (a). Pub. L. 97-35 inserted provisions respecting
    age discrimination.
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 912(b) of Pub. L. 101-625 provided that: ''The amendment
    made by subsection (a) (amending this section) shall apply with
    respect to conduct relating to discrimination occurring after the
    date of the enactment of this Act (Nov. 28, 1990).''
                      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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 3608, 5307 of this title.
 
-CITE-
    42 USC Sec. 5310                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5310. Labor standards; rate of wages; exceptions; enforcement
        powers
 
-STATUTE-
      (a) All laborers and mechanics employed by contractors or
    subcontractors in the performance of construction work financed in
    whole or in part with assistance received under this chapter shall
    be paid wages at rates not less than those prevailing on similar
    construction in the locality as determined by the Secretary of
    Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C.
    276a - 276a-5): Provided, That this section shall apply to the
    rehabilitation of residential property only if such property
    contains not less than 8 units.  The Secretary of Labor shall have,
    with respect to such labor standards, the authority and functions
    set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176;
    64 Stat. 1267) and section 276c of title 40.
      (b) Subsection (a) of this section shall not apply to any
    individual that -
        (1) performs services for which the individual volunteered;
        (2)(A) does not receive compensation for such services; or
        (B) is paid expenses, reasonable benefits, or a nominal fee for
      such services; and
        (3) is not otherwise employed at any time in the construction
      work.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 110, Aug. 22, 1974, 88 Stat. 649;
    Pub. L. 97-35, title III, Sec. 309(j), Aug. 13, 1981, 95 Stat. 397;
    Pub. L. 100-242, title V, Sec. 523, Feb. 5, 1988, 101 Stat. 1939;
    Pub. L. 101-625, title IX, Sec. 955(a), Nov. 28, 1990, 104 Stat.
    4420.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Davis-Bacon Act, as amended, referred to in subsec. (a), is
    act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is
    classified generally to sections 276a to 276a-5 of Title 40, Public
    Buildings, Property, and Works. For complete classification of this
    Act to the Code, see Short Title note set out under section 276a of
    Title 40 and Tables.
      Reorganization Plan Numbered 14 of 1950, referred to in subsec.
    (a), is set out in the Appendix to Title 5, Government Organization
    and Employees.
 
-MISC2-
                                 AMENDMENTS
      1990 - Pub. L. 101-625 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1988 - Pub. L. 100-242, which directed the substitution of
    ''contains not less than 8 units'' for ''is designed for
    residential use of eight or more families'', was executed by making
    the substitution for ''is designed for residential use for eight or
    more families'' as the probable intent of Congress.
      1981 - Pub. L. 97-35 substituted ''assistance'' for ''grants''.
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-625 applicable to any volunteer services
    provided before, on, or after Nov. 28, 1990, except that such
    amendment may not be construed to require repayment of any wages
    paid before Nov. 28, 1990, for services provided before such date,
    see section 955(d) of Pub. L. 101-625, set out as a note under
    section 1437j of 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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 5307 of this title.
 
-CITE-
    42 USC Sec. 5311                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5311. Remedies for noncompliance with community development
        requirements
 
-STATUTE-
    (a) Notice and hearing; termination, reduction, or limitation of
        payments by Secretary
      If the Secretary finds after reasonable notice and opportunity
    for hearing that a recipient of assistance under this chapter has
    failed to comply substantially with any provision of this chapter,
    the Secretary, until he is satisfied that there is no longer any
    such failure to comply, shall -
        (1) terminate payments to the recipient under this chapter, or
        (2) reduce payments to the recipient under this chapter by an
      amount equal to the amount of such payments which were not
      expended in accordance with this chapter, or
        (3) limit the availability of payments under this chapter to
      programs, projects, or activities not affected by such failure to
      comply.
    (b) Referral of matters to Attorney General; institution of civil
        action by Attorney General
      (1) In lieu of, or in addition to, any action authorized by
    subsection (a) of this section, the Secretary may, if he has reason
    to believe that a recipient has failed to comply substantially with
    any provision of this chapter, refer the matter to the Attorney
    General of the United States with a recommendation that an
    appropriate civil action be instituted.
      (2) Upon such a referral the Attorney General may bring a civil
    action in any United States district court having venue thereof for
    such relief as may be appropriate, including an action to recover
    the amount of the assistance furnished under this chapter which was
    not expended in accordance with it, or for mandatory or injunctive
    relief.
    (c) Petition for review of action of Secretary in Court of Appeals;
        filing of record of proceedings in court by Secretary;
        affirmance, etc., of findings of Secretary; exclusiveness of
        jurisdiction of court; review by Supreme Court on writ of
        certiorari or certification
      (1) Any recipient which receives notice under subsection (a) of
    this section of the termination, reduction, or limitation of
    payments under this chapter may, within sixty days after receiving
    such notice, file with the United States Court of Appeals for the
    circuit in which such State is located, or in the United States
    Court of Appeals for the District of Columbia, a petition for
    review of the Secretary's action.  The petitioner shall forthwith
    transmit copies of the petition to the Secretary and the Attorney
    General of the United States, who shall represent the Secretary in
    the litigation.
      (2) The Secretary shall file in the court record of the
    proceeding on which he based his action, as provided in section
    2112 of title 28. No objection to the action of the Secretary shall
    be considered by the court unless such objection has been urged
    before the Secretary.
      (3) The court shall have jurisdiction to affirm or modify the
    action of the Secretary or to set it aside in whole or in part.
    The findings of fact by the Secretary, if supported by substantial
    evidence on the record considered as a whole, shall be conclusive.
    The court may order additional evidence to be taken by the
    Secretary, and to be made part of the record.  The Secretary may
    modify his findings of fact, or make new findings, by reason of the
    new evidence so taken and filed with the court, and he shall also
    file such modified or new findings, which findings with respect to
    questions of fact shall be conclusive if supported by substantial
    evidence on the record considered as a whole, and shall also file
    his recommendation, if any, for the modification or setting aside
    of his original action.
      (4) Upon the filing of the record with the court, the
    jurisdiction of the court shall be exclusive and its judgment shall
    be final, except that such judgment shall be subject to review by
    the Supreme Court of the United States upon writ of certiorari or
    certification as provided in section 1254 of title 28.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 111, Aug. 22, 1974, 88 Stat. 650.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5306, 5309 of this title.
 
-CITE-
    42 USC Sec. 5312                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5312. Use of grants for settlement of outstanding urban
        renewal loans of units of general local government
 
-STATUTE-
    (a) Limitation on amounts; prerequisites
      The Secretary is authorized, notwithstanding any other provision
    of this chapter, to apply a portion of the grants, not to exceed 20
    per centum thereof without the request of the recipient, made or to
    be made under section 5303 of this title in any fiscal year
    pursuant to an allocation under section 5306 of this title to any
    unit of general local government toward payment of the principal
    of, and accrued interest on, any temporary loan made in connection
    with urban renewal projects under title I of the Housing Act of
    1949 (42 U.S.C. 1450 et seq.) being carried out within the
    jurisdiction of such unit of general local government if -
        (1) the Secretary determines, after consultation with the local
      public agency carrying out the project and the chief executive of
      such unit of general local government, that the project cannot be
      completed without additional capital grants, or
        (2) the local public agency carrying out the project submits to
      the Secretary an appropriate request which is concurred in by the
      governing body of such unit of general local government.
    In determining the amounts to be applied to the payment of
    temporary loans, the Secretary shall make an accounting for each
    project taking into consideration the costs incurred or to be
    incurred, the estimated proceeds upon any sale or disposition of
    property, and the capital grants approved for the project.
    (b) Approval by Secretary of financial settlement of urban renewal
        project
      Upon application by any local public agency carrying out an urban
    renewal project under title I of the Housing Act of 1949 (42 U.S.C.
    1450 et seq.), which application is approved by the governing body
    of the unit of general local government in which the project is
    located, the Secretary may approve a financial settlement of such
    project if he finds that a surplus of capital grant funds after
    full repayment of temporary loan indebtedness will result and may
    authorize the unit of general local government to use such surplus
    funds, without deduction or offset, in accordance with the
    provisions of this chapter.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 112, Aug. 22, 1974, 88 Stat. 650;
    Pub. L. 97-35, title III, Sec. 309(k), Aug. 13, 1981, 95 Stat. 397;
    Pub. L. 98-181, title I, Sec. 109, Nov. 30, 1983, 97 Stat. 1168;
    Pub. L. 98-479, title I, Sec. 101(a)(13)(A), Oct. 17, 1984, 98
    Stat. 2220.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Housing Act of 1949, referred to in subsecs. (a) and (b), is
    act July 15, 1949, ch. 338, 63 Stat. 413, as amended.  Title I of
    the Housing Act of 1949 was classified generally to subchapter II
    (Sec. 1450 et seq.) of chapter 8A of this title, and was omitted
    from the Code pursuant to section 5316 of this title which
    terminated authority to make grants or loans under such title I
    after Jan. 1, 1975. For complete classification of this Act to the
    Code, see Short Title note set out under section 1441 of this title
    and Tables.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (c). Pub. L. 98-479 struck out subsec. (c) which
    related to retention of program income and prerequisites.
      1983 - Subsec. (c). Pub. L. 98-181 added subsec. (c).
      1981 - Subsec. (a). Pub. L. 97-35 substituted ''5303'' for
    ''5303(a)''.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 98-181 applicable only to funds available
    for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
    98-181, as amended, set out as a note under section 5316 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.
 
-CITE-
    42 USC Sec. 5313                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5313. Reporting requirements
 
-STATUTE-
      (a) Not later than 180 days after the close of each fiscal year
    in which assistance under this chapter is furnished, the Secretary
    shall submit to the Congress a report which shall contain -
        (1) a description of the progress made in accomplishing the
      objectives of this chapter;
        (2) a summary of the use of such funds during the preceding
      fiscal year;
        (3) with respect to the action grants authorized under section
      5318 of this title, a listing of each unit of general local
      government receiving funds and the amount of such grants, as well
      as a brief summary of the projects funded for each such unit, the
      extent of financial participation by other public or private
      entities, and the impact on employment and economic activity of
      such projects during the previous fiscal year; and
        (4) a description of the activities carried out under section
      5308 of this title.
      (b) The Secretary is authorized to require recipients of
    assistance under this chapter to submit to him such reports and
    other information as may be necessary in order for the Secretary to
    make the report required by subsection (a) of this section.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 113, Aug. 22, 1974, 88 Stat. 651;
    Pub. L. 95-128, title I, Sec. 109, Oct. 12, 1977, 91 Stat. 1124;
    Pub. L. 97-35, title III, Sec. 309(l), Aug. 13, 1981, 95 Stat. 397;
    Pub. L. 101-625, title IX, Sec. 910(h), Nov. 28, 1990, 104 Stat.
    4392.)
 
-MISC1-
                                 AMENDMENTS
      1990 - Subsec. (a)(4). Pub. L. 101-625 added par. (4).
      1981 - Subsec. (a)(2). Pub. L. 97-35 struck out requirement
    respecting approval by the Secretary.
      1977 - Subsec. (a)(3). Pub. L. 95-128 added par. (3).
                      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.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
    114 of Pub. L. 95-128, set out as a note under section 5301 of this
    title.
       STUDY REGARDING AVAILABILITY OF HOUSING PROXIMATE TO PLACES OF
                                 EMPLOYMENT
      Section 919 of Pub. L. 101-625 directed Secretary of Housing and
    Urban Development to conduct a study regarding availability of
    housing within reasonable proximity of places of employment and to
    submit a report not later than expiration of 1-year period
    beginning on Nov. 28, 1990, to appropriate committees of Congress
    containing results and conclusions of such study, as well as
    proposed strategies to increase availability of housing for low-
    and moderate-income families within reasonable proximity of places
    of employment for working members of such families to and prevent
    geographical divergence of such housing and places of employment.
       STUDY ON INVOLUNTARY HOUSING DISPLACEMENT; REPORT TO CONGRESS
      Pub. L. 96-399, title I, Sec. 105(b), Oct. 8, 1980, 94 Stat.
    1618, directed Secretary of Housing and Urban Development to
    continue study on involuntary displacement conducted under Pub. L.
    95-557, title IX, Sec. 902, Oct. 31, 1978, 92 Stat. 2125, set out
    below, and transmit, not later than Mar. 30, 1981, a report to
    Congress containing data collected since initial report submitted
    under such section 902, and further recommendations on minimizing
    involuntary displacement and alleviating problems caused by such
    displacement.
      ADEQUACY, EFFECTIVENESS, AND EQUITY OF FORMULA FOR ALLOCATION OF
                         FUNDS; REPORT TO CONGRESS
      Pub. L. 96-399, title I, Sec. 113, Oct. 8, 1980, 94 Stat. 1622,
    directed Secretary of Housing and Urban Development, not later than
    Jan. 1, 1983, to report to Congress with respect to adequacy,
    effectiveness, and equity of formula used for allocation of funds
    under title I of the Housing and Community Development Act of 1974
    (this chapter), with specific analysis and recommendations
    concerning manner in which such formula is or could be affected by
    data derived from 1980 decennial census.
           STATEMENT OF POLICY AND STUDY ON HOUSING DISPLACEMENT
      Pub. L. 95-557, title IX, Sec. 902, Oct. 31, 1978, 92 Stat. 2125,
    declared it to be the policy of Congress that in administration of
    Federal housing and development programs, involuntary displacement
    of persons from homes and neighborhoods should be minimized and in
    keeping with such stated policy, authorized Secretary of Housing
    and Urban Development to conduct a study on nature and extent of
    such displacement and, not later than Jan. 31, 1979, report to
    Congress on recommendations for formulation of a national policy to
    minimize such displacement.
          STUDY ON SMALL CITIES; REPORT TO PRESIDENT AND CONGRESS;
                            ALTERNATIVE FORMULAE
      Pub. L. 95-128, title I, Sec. 113, Oct. 12, 1977, 91 Stat. 1111,
    directed Secretary of Housing and Urban Development to conduct a
    study and, not later than one year after Oct. 12, 1977, report to
    President and Congress recommendations on formation of a national
    policy on developmental needs of small cities and, among other
    things, include in such report alternative verifiable formulae to
    be used in distribution of discretionary balance funds available
    for allocation to such small cities under this chapter.
 
-CITE-
    42 USC Sec. 5314                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5314. Consultation by Secretary with other Federal
        departments, etc.
 
-STATUTE-
      In carrying out the provisions of this chapter including the
    issuance of regulations, the Secretary shall consult with other
    Federal departments and agencies administering Federal grant-in-aid
    programs.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 114, Aug. 22, 1974, 88 Stat. 651.)
 
-CITE-
    42 USC Sec. 5315                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5315. Interstate agreements or compacts; purposes
 
-STATUTE-
      The consent of the Congress is hereby given to any two or more
    States to enter into agreements or compacts, not in conflict with
    any law of the United States, for cooperative effort and mutual
    assistance in support of community development planning and
    programs carried out under this chapter as they pertain to
    interstate areas and to localities within such States, and to
    establish such agencies, joint or otherwise, as they may deem
    desirable for making such agreements and compacts effective.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 115, Aug. 22, 1974, 88 Stat. 651.)
 
-CITE-
    42 USC Sec. 5316                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5316. Transition provisions
 
-STATUTE-
    (a) Prohibition on new grants or loans after January 1, 1975;
        exceptions
      Except with respect to projects and programs for which funds have
    been previously committed, no new grants or loans shall be made
    after January 1, 1975, under (1) title I of the Demonstration
    Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3301 et
    seq.), (2) title I of the Housing Act of 1949 (42 U.S.C. 1450 et
    seq.) (3) section 702 or section 703 of the Housing and Urban
    Development Act of 1965 (42 U.S.C. 3102 or 3103), (4) title II of
    the Housing Amendments of 1955 (42 U.S.C. 1491 et seq.), or (5)
    title VII of the Housing Act of 1961 (42 U.S.C. 1500 et seq.).
    (b) Final date in fiscal year for submission of application for
        grant; establishment by Secretary
      In the case of funds available for any fiscal year, the Secretary
    shall not consider any statement under section 5304(a) of this
    title, unless such statement is submitted on or prior to such date
    as the Secretary shall establish as the final date for submission
    of statements for that year.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 116, Aug. 22, 1974, 88 Stat. 652;
    Pub. L. 94-375, Sec. 15(d), Aug. 3, 1976, 90 Stat. 1076; Pub. L.
    96-399, title I, Sec. 111(h), Oct. 8, 1980, 94 Stat. 1622; Pub. L.
    97-35, title III, Sec. 309(m), Aug. 13, 1981, 95 Stat. 397; Pub. L.
    98-181, title I, Sec. 110(a), Nov. 30, 1983, 97 Stat. 1168.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Demonstration Cities and Metropolitan Development Act of
    1966, referred to in subsec. (a), is Pub. L. 89-754, Nov. 3, 1966,
    80 Stat. 1255, as amended.  Title I of the Demonstration Cities and
    Metropolitan Development Act of 1966 was classified principally to
    subchapter I (Sec. 3301 et seq.) of chapter 41 of this title, and
    was omitted from the Code pursuant to this section which terminated
    authority to make grants or loans under such title I after Jan. 1,
    1975. For complete classification of this Act to the Code, see
    Short Title note set out under section 3301 of this title and
    Tables.
      The Housing Act of 1949, referred to in subsec. (a), is act July
    15, 1949, ch. 338, 63 Stat. 413, as amended.  Title I of the
    Housing Act of 1949 was classified generally to subchapter II (Sec.
    1450 et seq.) of chapter 8A of this title, and was omitted from the
    Code pursuant to this section which terminated authority to make
    grants or loans under such title I after Jan. 1, 1975. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1441 of this title and Tables.
      Sections 702 and 703 of the Housing and Urban Development Act of
    1965 (42 U.S.C. 3102, 3103), referred to in subsec. (a), were
    omitted from the Code pursuant to this section which terminated the
    authority to make grants or loans under those sections after Jan.
    1, 1975.
      The Housing Amendments of 1955, referred to in subsec. (a), is
    act Aug. 11, 1955, ch. 783, 69 Stat. 645, as amended.  Title II of
    the Housing Amendments of 1955 was classified generally to chapter
    8B (Sec. 1491 et seq.) of this title, and was omitted from the Code
    pursuant to this section which terminated authority to make grants
    or loans under such title II after Jan. 1, 1975. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 12, Banks and Banking, and Tables.
      The Housing Act of 1961, referred to in subsec. (a), is Pub. L.
    87-70, June 30, 1961, 87 Stat. 149, as amended.  Title VII of the
    Housing Act of 1961 was classified generally to chapter 8C (Sec.
    1500 et seq.) of this title, and was omitted from the Code pursuant
    to this section which terminated authority to make grants or loans
    under such title VII after Jan. 1, 1975. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 12, Banks and Banking, and Tables.
 
-COD-
                                CODIFICATION
      Subsecs. (c), (d), and (e) of section 116 of Pub. L. 93-383 were
    omitted from this section.  Subsec. (c) amended section 1453(b) of
    this title, subsec. (d) amended section 3311(b) and (c) of this
    title, and subsec. (e) amended section 1452b(a) and (h) of this
    title.
 
-MISC3-
                                 AMENDMENTS
      1983 - Subsec. (b). Pub. L. 98-181 substituted ''prior to such
    date'' for ''prior to such date (in that fiscal year)'', and ''for
    that year'' for ''in that year''.
      1981 - Subsec. (b). Pub. L. 97-35 substituted provisions relating
    to submission of required statement for provisions relating to
    submission of required application.
      1980 - Subsec. (b). Pub. L. 96-399, Sec. 111(h), redesignated
    subsec. (g) as (b) and struck out ''or from a unit of general local
    government for a grant pursuant to section 5306(h) of this title''
    after ''section 5306(a) of this title''.  Former subsec. (b),
    relating to deductions from grants for fiscal year 1975, was struck
    out.
      Subsec. (f). Pub. L. 96-399, Sec. 111(h)(1), struck out subsec.
    (f) relating to advances for program period beginning Jan. 1, 1975.
      Subsec. (g). Pub. L. 96-399, Sec. 111(h)(1), redesignated subsec.
    (g) as (b).
      Subsec. (h). Pub. L. 96-399, Sec. 111(h)(1), struck out subsec.
    (h) relating to sources of funds to meet deficiency in fiscal year
    1977.
      1976 - Subsec. (h). Pub. L. 94-375 added subsec. (h).
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Section 110(b) of Pub. L. 98-181, as amended by Pub. L. 98-479,
    title I, Sec. 101(b)(1), Oct. 17, 1984, 98 Stat. 2220, provided
    that: ''The amendments made by this part (part A (Sec. 101-110) of
    title I of Pub. L. 98-181, amending this section, sections 5301 to
    5308 and 5312 of this title, and provisions set out as a note under
    section 5305 of this title) shall apply only to funds available for
    fiscal year 1984 and thereafter.''
                      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.
 
-CITE-
    42 USC Sec. 5317                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5317. Liquidation of superseded or inactive programs
 
-STATUTE-
      The Secretary is authorized to transfer the assets and
    liabilities of any program which is superseded or inactive by
    reason of this chapter to the revolving fund for liquidating
    programs established pursuant to title II of the Independent
    Offices Appropriation Act, 1955 (Public Law 83-428; 68 Stat. 272,
    295) (12 U.S.C. 1701g-5).
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 117(b), Aug. 22, 1974, 88 Stat. 653;
    Pub. L. 98-479, title II, Sec. 204(k)(2), Oct. 17, 1984, 98 Stat.
    2233.)
 
-MISC1-
                                 AMENDMENTS
      1984 - Pub. L. 98-479 substituted ''title II of the Independent
    Offices Appropriation Act, 1955 (Public Law 83-428; 68 Stat. 272,
    295)'' for ''title II of the Independent Offices Appropriation Act
    of 1965 (Public Law 81-428; 68 Stat. 272, 295)''.
 
-CITE-
    42 USC Sec. 5318                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5318. Urban development action grants
 
-STATUTE-
    (a) Authorization; purpose; amount
      The Secretary is authorized to make urban development action
    grants to cities and urban counties which are experiencing severe
    economic distress to help stimulate economic development activity
    needed to aid in economic recovery.  There are authorized to be
    appropriated to carry out this section $225,000,000 for fiscal year
    1988, and $225,000,000 for fiscal year 1989. Any amount
    appropriated under this subsection shall remain available until
    expended.
    (b) Eligibility of cities and urban counties; criteria and
        standards; regulations
      (1) Urban development action grants shall be made only to cities
    and urban counties which have, in the determination of the
    Secretary, demonstrated results in providing housing for low- and
    moderate-income persons and in providing equal opportunity in
    housing and employment for low- and moderate-income persons and
    members of minority groups.  The Secretary shall issue regulations
    establishing criteria in accordance with the preceding sentence and
    setting forth minimum standards for determining the level of
    economic distress of cities and urban counties for eligibility for
    such grants.  These standards shall take into account factors such
    as the age of housing; the extent of poverty; the extent of
    population lag; growth of per capita income; and the extent of
    unemployment, job lag, or surplus labor.  Any city that has a
    population of less than 50,000 persons and is not the central city
    of a metropolitan area, and that was eligible for fiscal year 1983
    under this paragraph for assistance under this section, shall
    continue to be eligible for such assistance until the Secretary
    revises the standards for eligibility for such cities under this
    paragraph and includes the extent of unemployment, job lag, or
    labor surplus as a standard of distress for such cities.  The
    Secretary shall make such revision as soon as practicable following
    November 30, 1983.
      (2) A city or urban county which fails to meet the minimum
    standards established pursuant to paragraph (1) shall be eligible
    for assistance under this section if it meets the requirements of
    the first sentence of such paragraph and -
        (A) in the case of a city with a population of fifty thousand
      persons or more or an urban county, contains an area (i) composed
      of one or more contiguous census tracts, enumeration districts,
      neighborhood statistics areas, or block groups, as defined by the
      United States Bureau of the Census, having at least a population
      of ten thousand persons or 10 per centum of the population of the
      city or urban county; (ii) in which at least 70 per centum of the
      residents have incomes below 80 per centum of the median income
      of the city or urban county; and (iii) in which at least 30 per
      centum of the residents have incomes below the national poverty
      level; or
        (B) in the case of a city with a population of less than fifty
      thousand persons, contains an area (i) composed of one or more
      contiguous census tracts, enumeration districts, neighborhood
      statistics areas, or block groups or other areas defined by the
      United States Bureau of the Census or for which data certified by
      the United States Bureau of the Census are available having at
      least a population of two thousand five hundred persons or 10 per
      centum of the population of the city, whichever is greater; (ii)
      in which at least 70 per centum of the residents have incomes
      below 80 per centum of the median income of the city; and (iii)
      in which at least 30 per centum of the residents have incomes
      below the national poverty level.
    The Secretary shall use up to, but not more than, 20 per centum of
    the funds appropriated for use in any fiscal year under this
    section for the purpose of making grants to cities and urban
    counties eligible under this paragraph.
    (c) Applications; documentation of eligibility; proposed plan;
        assurance of notice and comment; assurance of consideration on
        historical landmarks
      Applications for assistance under this section shall -
        (1) in the case of an application for a grant under subsection
      (b)(2) of this section, include documentation of grant
      eligibility in accordance with the standards described in that
      subsection;
        (2) set forth the activities for which assistance is sought,
      including (A) an estimate of the costs and general location of
      the activities; (B) a summary of the public and private resources
      which are expected to be made available in connection with the
      activities, including how the activities will take advantage of
      unique opportunities to attract private investment; and (C) an
      analysis of the economic benefits which the activities are
      expected to produce;
        (3) contain a certification satisfactory to the Secretary that
      the applicant, prior to submission of its application, (A) has
      held public hearings to obtain the views of citizens,
      particularly residents of the area in which the proposed
      activities are to be carried out; (B) has analyzed the impact of
      these proposed activities on the residents, particularly those of
      low and moderate income, of the residential neighborhood, and on
      the neighborhood in which they are to be carried out; and (C) has
      made available the analysis described in clause (B) to any
      interested person or organization residing or located in the
      neighborhood in which the proposed activities are to be carried
      out; and
        (4) contain a certification satisfactory to the Secretary that
      the applicant, prior to submission of its application, (A) has
      identified all properties, if any, which are included on the
      National Register of Historic Places and which, as determined by
      the applicant, will be affected by the project for which the
      application is made; (B) has identified all other properties, if
      any, which will be affected by such project and which, as
      determined by the applicant, may meet the criteria established by
      the Secretary of the Interior for inclusion on such Register,
      together with documentation relating to the inclusion of such
      properties on the Register; (C) has determined the effect, as
      determined by the applicant, of the project on the properties
      identified pursuant to clauses (A) and (B); and (D) will comply
      with the requirements of section 5320 of this title.
    (d) Mandatory selection criteria; award of points; distribution of
        funds; number of competitions per year; use of distress
        conditions data by urban counties
      (1) Except in the case of a city or urban county eligible under
    subsection (b)(2) of this section, the Secretary shall establish
    selection criteria for a national competition for grants under this
    section which must include -
        (A) the comparative degree of economic distress among
      applicants, as measured (in the case of a metropolitan city or
      urban county) by the differences in the extent of growth lag, the
      extent of poverty, and the adjusted age of housing in the
      metropolitan city or urban county;
        (B) other factors determined to be relevant by the Secretary in
      assessing the comparative degree of economic deterioration in
      cities and urban counties;
        (C) the following other criteria:
          (i) the extent to which the grant will stimulate economic
        recovery by leveraging private investment;
          (ii) the number of permanent jobs to be created and their
        relation to the amount of grant funds requested;
          (iii) the proportion of permanent jobs accessible to lower
        income persons and minorities, including persons who are
        unemployed;
          (iv) the extent to which the project will retain jobs that
        will be lost without the provision of a grant under this
        section;
          (v) the extent to which the project will relieve the most
        pressing employment or residential needs of the applicant by -
            (I) reemploying workers in a skill that has recently
          suffered a sharp increase in unemployment locally;
            (II) retraining recently unemployed residents in new
          skills;
            (III) providing training to increase the local pool of
          skilled labor; or
            (IV) producing decent housing for low- and moderate-income
          persons in cases where such housing is in severe shortage in
          the area of the applicant, except that an application shall
          be considered to produce housing for low- and moderate-income
          persons under this clause only if such application proposes
          that (a) not less than 51 percent of all funds available for
          the project shall be used for dwelling units and related
          facilities; and (b) not less than 30 percent of all funds
          used for dwelling units and related facilities shall be used
          for dwelling units to be occupied by persons of low and
          moderate income, or not less than 20 percent of all dwelling
          units made available to occupancy using such funds shall be
          occupied by persons of low and moderate income, whichever
          results in the occupancy of more dwelling units by persons of
          low and moderate income;
          (vi) the impact of the proposed activities on the fiscal base
        of the city or urban county and its relation to the amount of
        grant funds requested;
          (vii) the extent to which State or local Government (FOOTNOTE
        1) funding or special economic incentives have been committed;
        and
       (FOOTNOTE 1) So in original.  Probably should not be
    capitalized.
          (viii) the extent to which the project will have a
        substantial impact on physical and economic development of the
        city or urban county, the proposed activities are likely to be
        accomplished in a timely fashion with the grant amount
        available, and the city or urban county has demonstrated
        performance in housing and community development programs; and
        (D) additional consideration for projects with the following
      characteristics:
          (i) projects to be located within a city or urban county
        which did not receive a preliminary grant approval under this
        section during the 12-month period preceding the date on which
        applications are required to be submitted for the grant
        competition involved; and
          (ii) twice the amount of the additional consideration
        provided under clause (i) for projects to be located in cities
        or urban counties which did not receive a preliminary grant
        approval during the 24-month period preceding the date on which
        applications under this section are required to be submitted
        for the grant competition involved.
      If a city or urban county has submitted and has pending more than
      one application, the additional consideration provided by
      subparagraph (D) of the preceding sentence shall be available
      only to the project in such city or urban county which received
      the highest number of points under subparagraph (C) of such
      sentence.
      (2) For the purpose of making grants with respect to areas
    described in subsection (b)(2) of this section, the Secretary shall
    establish selection criteria, which must include (A) factors
    determined to be relevant by the Secretary in assessing the
    comparative degree of economic deterioration among eligible areas,
    and (B) such other criteria as the Secretary may determine,
    including at a minimum the criteria listed in paragraph (1)(C) of
    this subsection.
      (3) The Secretary shall award points to each application as
    follows:
        (A) not more than 35 points on the basis of the criteria
      referred to in paragraph (1)(A);
        (B) not more than 35 points on the basis of the criteria
      referred to in paragraph (1)(B);
        (C) not more than 33 points on the basis of the criteria
      referred to in paragraph (1)(C); and
        (D)(i) 1 additional point on the basis of the criterion
      referred to in paragraph (1)(D)(i); or
        (ii) 2 additional points on the basis of the criterion referred
      to in paragraph (1)(D)(ii).
      (4) The Secretary shall distribute grant funds under this section
    so that to the extent practicable during each funding cycle -
        (A) 65 percent of the funds is first made available utilizing
      all of the criteria set forth in paragraph (1); and
        (B) 35 percent of the funds is then made available solely on
      the basis of the factors referred to in subparagraphs (C) and (D)
      of paragraph (1).
      (5)(A) Within 30 days of the start of each fiscal year, the
    Secretary shall announce the number of competitions for grants to
    be held in that fiscal year.  The number of competitions shall be
    not less than two nor more than three.
      (B) Each competition for grants described in any clause of
    subparagraph (A) shall be for an amount equal to the sum of -
        (i) approximately the amount of the funds available for such
      grants for the fiscal year divided by the number of competitions
      for those funds;
        (ii) any funds available for such grants in any previous
      competition that are not awarded; and
        (iii) any funds available for such grants in any previous
      competition that are recaptured.
      (C) Notwithstanding any other provision of this section, in each
    competition for grants under this section, no city or urban county
    may be awarded a grant or grants in an amount in excess of
    $10,000,000 until all cities and urban counties which submitted
    fundable applications have been awarded a grant.  If funds are
    available for additional grants after each city and urban county
    submitting a fundable application is awarded one or more grants
    under the preceding sentence, then additional grants shall be made
    so that each city or urban county that has submitted multiple
    applications is awarded one additional grant in order of ranking,
    with no single city or urban county receiving more than one grant
    approval in any subsequent series of grant determinations within
    the same competition.
      (D) All grants under this section, including grants to cities and
    urban counties described in subsection (b)(2) of this section,
    shall be awarded in accordance with subparagraph (C) so that all
    grants under this section are made in order of ranking.
    (e) Limitations on power of Secretary to approve grants; waiver
      The Secretary may not approve any grant to a city or urban county
    eligible under subsection (b)(2) of this section unless -
        (1) the grant will be used in connection with a project located
      in an area described in subsection (b)(2) of this section, except
      that the Secretary may waive this requirement where the Secretary
      determines (A) that there is no suitable site for the project
      within that area, (B) the project will be located directly
      adjacent to that area, and (C) the project will contribute
      substantially to the economic development of that area;
        (2) the city or urban county has demonstrated to the
      satisfaction of the Secretary that basic services supplied by the
      city or urban county to the area described in subsection (b)(2)
      of this section are at least equivalent, as measured by per
      capita expenditures, to those supplied to other areas within the
      city or urban county which are similar in population size and
      physical characteristics and which have median incomes above the
      median income for the city or urban county;
        (3) the grant will be used in connection with a project which
      will directly benefit the low- and moderate-income families and
      individuals residing in the area described in subsection (b)(2)
      of this section; and
        (4) the city or urban county makes available, from its own
      funds or from funds received from the State or under any Federal
      program which permits the use of financial assistance to meet the
      non-Federal share requirements of Federal grant-in-aid programs,
      an amount equal to 20 per centum of the grant to be available
      under this section to be used in carrying out the activities
      described in the application.
    (f) Permissibility of consistent but unenumerated activities;
        report on use of repaid grant funds for economic development
        activities
      Activities assisted under this section may include such
    activities, in addition to those authorized under section 5305(a)
    of this title, as the Secretary determines to be consistent with
    the purposes of this section.  In any case in which the project
    proposes the repayment to the applicant of the grant funds, such
    funds shall be made available by the applicant for economic
    development activities that are eligible activities under this
    section or section 5305 of this title.  The applicant shall
    annually provide the Secretary with a statement of the projected
    receipt and use of repaid grant funds during the next year together
    with a report acceptable to the Secretary on the use of such funds
    during the most recent preceding full fiscal year of the applicant.
    (g) Annual review and audit; adjustments, withdrawals and reduction
        permitted
      The Secretary shall, at least on an annual basis, make reviews
    and audits of recipients of grants under this section as necessary
    to determine the progress made in carrying out activities
    substantially in accordance with approved plans and timetables.
    The Secretary may adjust, reduce, or withdraw grant funds, or take
    other action as appropriate in accordance with the findings of
    these reviews and audits, except that funds already expended on
    eligible activities under this chapter shall not be recaptured or
    deducted from future grants made to the recipient.
    (h) Limitations on grants for industrial or commercial relocations
        or expansions; appeal of denial or cancellation of assistance;
        grants to adversely affected individuals
      (1) Speculative projects
        No assistance may be provided under this section for projects
      intended to facilitate the relocation of industrial or commercial
      plants or facilities from one area to another, unless the
      Secretary finds that the relocation does not significantly and
      adversely affect the unemployment or economic base of the area
      from which the industrial or commercial plant or facility is to
      be relocated.  The provisions of this paragraph shall apply only
      to projects that do not have identified intended occupants.
      (2) Projects with identified intended occupants
        No assistance may be provided or utilized under this section
      for any project with identified intended occupants that is likely
      to facilitate -
          (A) a relocation of any operation of an industrial or
        commercial plant or facility or other business establishment -
            (i) from any city, urban county, or identifiable community
          described in subsection (p) of this section, that is eligible
          for assistance under this section; and
            (ii) to the city, urban county, or identifiable community
          described in subsection (p) of this section, in which the
          project is located; or
          (B) an expansion of any such operation that results in a
        reduction of any such operation in any city, county, or
        community described in subparagraph (A)(i).
      (3) Significant and adverse effect
        The restrictions established in paragraph (2) shall not apply
      if the Secretary determines that the relocation or expansion does
      not significantly and adversely affect the employment or economic
      base of the city, county, or community from which the relocation
      or expansion occurs.
      (4) Appeal of adverse determination
        Following notice of intent to withhold, deny, or cancel
      assistance under paragraph (1) or (2), the Secretary shall
      provide a period of not less than 90 days in which the applicant
      can appeal to the Secretary the withholding, denial, or
      cancellation of assistance.  Notwithstanding any other provision
      of this section, nothing in this section or in any legislative
      history related to the enactment of this section may be construed
      to permit an inference or conclusion that the policy of the
      Congress in the urban development action grant program is to
      facilitate the relocation of businesses from one area to another.
      (5) Assistance for individuals adversely affected by prohibited
          relocations
        (A) Any amount withdrawn by, recaptured by, or paid to the
      Secretary due to a violation (or a settlement of an alleged
      violation) of this subsection (or of any regulation issued or
      contractual provision entered into to carry out this subsection)
      by a project with identified intended occupants shall be made
      available by the Secretary as a grant to the city, county, or
      community described in subsection (p) of this section, from which
      the operation of an industrial or commercial plant or facility or
      other business establishment relocated or in which the operation
      was reduced.
        (B)(i) Any amount made available under this paragraph shall be
      used by the grantee to assist individuals who were employed by
      the operation involved prior to the relocation or reduction and
      whose employment or terms of employment were adversely affected
      by the relocation or reduction.  The assistance shall include job
      training, job retraining, and job placement.
        (ii) If any amount made available to a grantee under this
      paragraph is more than is required to provide assistance under
      clause (i), the grantee shall use the excess amount to carry out
      community development activities eligible under section 5305(a)
      of this title.
        (C)(i) The provisions of this paragraph shall be applicable to
      any amount withdrawn by, recaptured by, or paid to the Secretary
      under this section, including any amount withdrawn, recaptured,
      or paid before the effective date of this paragraph.
        (ii) Grants may be made under this paragraph only to the extent
      of amounts provided in appropriation Acts.
      (6) Definition
        For purposes of this subsection, the term ''operation''
      includes any plant, equipment, facility, position, employment
      opportunity, production capacity, or product line.
      (7) Regulations
        Not later than 60 days after February 5, 1988, the Secretary
      shall issue such regulations as may be necessary to carry out the
      provisions of this subsection.  Such regulations shall include
      specific criteria to be used by the Secretary in determining
      whether there is a significant and adverse effect under paragraph
      (3).
    (i) Minimum percentage of funds to be allocated to certain
        noncentral cities; application by consortia of cities of less
        than 50,000 population
      Not less than 25 per centum of the funds made available for
    grants under this section shall be used for cities with populations
    of less than fifty thousand persons which are not central cities of
    a metropolitan statistical area.  The Secretary shall encourage
    cooperation by geographically proximate cities of less than 50,000
    population by permitting consortia of such cities, which may also
    include county governments that are not urban counties, to apply
    for grants on behalf of a city that is otherwise eligible for
    assistance under this section.  Any grants awarded to such
    consortia shall be administered in compliance with eligibility
    requirements applicable to individual cities.
    (j) Grant contingent on factors related to non-Federal funds
      A grant may be made under this section only where the Secretary
    determines that there is a strong probability that (1) the
    non-Federal investment in the project would not be made without the
    grant, and (2) the grant would not substitute for non-Federal funds
    which are otherwise available to the project.
    (k) Duty of Secretary to minimize amount
      In making grants under this section, the Secretary shall take
    such steps as the Secretary deems appropriate to assure that the
    amount of the grant provided is the least necessary to make the
    project feasible.
    (l) Power of Secretary to waive requirement that town or township
        be closely settled
      For purposes of this section, the Secretary may reduce or waive
    the requirement in section 5302(a)(5)(B)(ii) of this title that a
    town or township be closely settled.
    (m) Notice to State historic preservation officer and Secretary of
        the Interior required with regard to affected landmark
        property; opportunity for comment
      In the case of any application which identifies any property in
    accordance with subsection (c)(4)(B) of this section, the Secretary
    may not commit funds with respect to an approved application unless
    the applicant has certified to the Secretary that the appropriate
    State historic preservation officer and the Secretary of the
    Interior have been provided an opportunity to take action in
    accordance with the provisions of section 5320(b) of this title.
    (n) Territories, tribes, and certain Hawaiian counties included in
        term ''city''
      (1) For the purposes of this section, the term ''city'' includes
    Guam, American Samoa, the Northern Mariana Islands, the Virgin
    Islands, and Indian tribes.  Such term also includes the counties
    of Kauai, Maui and Hawaii in the State of Hawaii.
      (2) The Secretary may not approve a grant to an Indian tribe
    under this section unless the tribe (A) is located on a
    reservation, or on former Indian reservations in Oklahoma as
    determined by the Secretary of the Interior, or in an Alaskan
    Native Village, and (B) was an eligible recipient under chapter 67
    of title 31 prior to the repeal of such chapter.
    (o) Special provisions for years after 1983
      If no amounts are set aside under, or amounts are precluded from
    being appropriated for this section for fiscal years after fiscal
    year 1983, any amount which is or becomes available for use under
    this section after fiscal year 1983 shall be added to amounts
    appropriated under section 5303 of this title, except that amounts
    available to the Secretary for use under this subsection as of
    October 1, 1993, and amounts released to the Secretary pursuant to
    subsection (t) of this section may be used to provide grants under
    section 5308(q) of this title.. (FOOTNOTE 2)
       (FOOTNOTE 2) So in original.
    (p) Unincorporated portions of urban counties
      An unincorporated portion of an urban county that is approved by
    the Secretary as an identifiable community for purposes of this
    section is eligible for a grant under subsection (b)(2) of this
    section if such portion meets the eligibility requirements
    contained in the first sentence of subsection (b)(1) of this
    section and the requirements of subsection (b)(2)(B) of this
    section (applied to the population of the portion of the urban
    county) and if it otherwise complies with the provisions of this
    section.
    (q) Technical assistance grants
      Of the amounts appropriated for purposes of this section for any
    fiscal year, not more than $2,500,000 may be used by the Secretary
    to make technical assistance grants to States or their agencies,
    municipal technical advisory services operated by universities, or
    State associations of counties or municipalities, to enable such
    entities to assist units of general local government described in
    subsection (i) of this section in developing, applying for
    assistance for, and implementing programs eligible for assistance
    under this section.
    (r) Nondiscrimination by Secretary against type of activity or
        applicant
      In utilizing the discretion of the Secretary when providing
    assistance and applying selection criteria under this section, the
    Secretary may not discriminate against applications on the basis of
    (1) the type of activity involved, whether such activity is
    primarily housing, industrial, or commercial; or (2) the type of
    applicant, whether such applicant is a city or urban county.
    (s) Maximum grant amount for fiscal years 1988 and 1989
      For fiscal years 1988 and 1989, the maximum grant amount for any
    project under this section is $10,000,000.
    (t) UDAG retention program
      If a grant or a portion of a grant under this section remains
    unexpended upon the issuance of a notice implementing this
    subsection, the grantee may enter into an agreement, as provided
    under this subsection, with the Secretary to receive a percentage
    of the grant amount and relinquish all claims to the balance of the
    grant within 90 days of the issuance of notice implementing this
    subsection (or such later date as the Secretary may approve).  The
    Secretary shall not recapture any funds obligated pursuant to this
    section during a period beginning on April 11, 1994, until 90 days
    after the issuance of a notice implementing this subsection.  A
    grantee may receive as a grant under this subsection -
        (1) 33 percent of such unexpended amounts if -
          (A) the grantee agrees to expend not less than one-half of
        the amount received for activities authorized pursuant to
        section 5308(q) of this title and to expend such funds in
        conjunction with a loan guarantee made under section 5308 of
        this title at least equal to twice the amount of the funds
        received; and
          (B)(i) the remainder of the amount received is used for
        economic development activities eligible under this chapter;
        and
          (ii) except when waived by the Secretary in the case of a
        severely distressed jurisdiction, not more than one-half of the
        costs of activities under subparagraph (B) are derived from
        such unexpended amounts; or
        (2) 25 percent of such unexpended amounts if -
          (A) the grantee agrees to expend such funds for economic
        development activities eligible under this chapter; and
          (B) except when waived by the Secretary in the case of a
        severely distressed jurisdiction, not more than one-half of the
        costs of such activities are derived from such unexpended
        amount.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 119, as added Pub. L. 95-128, title
    I, Sec. 110(b), Oct. 12, 1977, 91 Stat. 1125; amended Pub. L.
    95-557, title I, Sec. 103(g), (h), Oct. 31, 1978, 92 Stat. 2084;
    Pub. L. 96-153, title I, Sec. 104, 105, Dec. 21, 1979, 93 Stat.
    1102, 1104; Pub. L. 96-399, title I, Sec. 110(a), (b), 117(a), Oct.
    8, 1980, 94 Stat. 1619, 1623; Pub. L. 97-35, title III, Sec.
    308(a), Aug. 13, 1981, 95 Stat. 392; Pub. L. 98-181, title I, Sec.
    121, Nov. 30, 1983, 97 Stat. 1168; Pub. L. 98-454, title VI, Sec.
    601(c), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 98-479, title II, Sec.
    203(l)(3), Oct. 17, 1984, 98 Stat. 2231; Pub. L. 99-272, title XIV,
    Sec. 14001(b)(6), Apr. 7, 1986, 100 Stat. 329; Pub. L. 99-500, Sec.
    101(g), Oct. 18, 1986, 100 Stat. 1783-242, and Pub. L. 99-591, Sec.
    101(g), Oct. 30, 1986, 100 Stat. 3341-242; Pub. L. 100-202, Sec.
    101(f) (title I, Sec. 101), 106, Dec. 22, 1987, 101 Stat. 1329-187,
    1329-193, 1329-433; Pub. L. 100-242, title V, Sec. 501(c),
    515(a)-(d), (g)(2)-(i), 516(a), Feb. 5, 1988, 101 Stat. 1923,
    1930-1934; Pub. L. 100-404, title I, Aug. 19, 1988, 102 Stat. 1020;
    Pub. L. 100-628, title X, Sec. 1084, Nov. 7, 1988, 102 Stat. 3277;
    Pub. L. 103-233, title II, Sec. 232(b), (c)(1), Apr. 11, 1994, 108
    Stat. 367.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      For effective date of this paragraph, referred to in subsec.
    (h)(5)(C)(i), see section 516(b) of Pub. L. 100-242, set out as an
    Effective Date of 1988 Amendment note below.
      Chapter 67 of title 31, referred to in subsec. (n)(2)(B), was
    repealed by Pub. L. 99-272, title XIV, Sec. 14001(a)(1), Apr. 7,
    1986, 100 Stat. 327.
 
-COD-
                                CODIFICATION
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
      Amendment of subsec. (n)(1) by Pub. L. 99-500 and 99-591 is based
    on provisions under the headings ''Management and Administration''
    and ''Administrative Provision'' in title I of H.R. 5313
    (Department of Housing and Urban Development - Independent Agencies
    Appropriations Act, 1987), as incorporated by reference by section
    101(g) of Pub. L. 99-500 and 99-591, and enacted into law by
    section 106 of Pub. L. 100-202.
 
-MISC3-
                                 AMENDMENTS
      1994 - Subsec. (o). Pub. L. 103-233, Sec. 232(b), inserted before
    period at end '', except that amounts available to the Secretary
    for use under this subsection as of October 1, 1993, and amounts
    released to the Secretary pursuant to subsection (t) of this
    section may be used to provide grants under section 5308(q) of this
    title.''
      Subsec. (t). Pub. L. 103-233, Sec. 232(c)(1), added subsec. (t).
      1988 - Subsec. (a). Pub. L. 100-242, Sec. 501(c), substituted
    ''There are authorized to be appropriated to carry out this section
    $225,000,000 for fiscal year 1988, and $225,000,000 for fiscal year
    1989. Any amount appropriated under this subsection shall remain
    available until expended.'' for ''Of the total amount approved in
    appropriation Acts under section 5303 of this title for each of the
    fiscal years 1982 and 1983, not more than $500,000,000 shall be
    available for each of the fiscal years 1982 and 1983 for grants
    under this section.  There are authorized to be appropriated to
    carry out the provisions of this section not to exceed $440,000,000
    for each of the fiscal years 1984, 1985, and 1986, and any amount
    appropriated under this sentence shall remain available until
    expended.''
      Subsec. (d)(1). Pub. L. 100-242, Sec. 515(a), inserted dash
    before ''(A)'', indented subpars. (A) and (B), struck out ''as the
    primary criterion,'' in subpar. (A) and ''and'' at end of subpar.
    (B), added subpars. (C) and (D), and struck out former subpar. (C)
    which read as follows: ''at least the following other criteria:
    demonstrated performance of the city or urban county in housing and
    community development programs; the extent to which the grant will
    stimulate economic recovery by leveraging private investment; the
    number of permanent jobs to be created and their relation to the
    amount of grant funds requested; the proportion of permanent jobs
    accessible to lower income persons and minorities, including
    persons who are unemployed; the impact of the proposed activities
    on the fiscal base of the city or urban county and its relation to
    the amount of grant funds requested; the extent to which State or
    local government funding or special economic incentives have been
    committed; and the feasibility of accomplishing the proposed
    activities in a timely fashion within the grant amount available.''
      Subsec. (d)(3) to (5). Pub. L. 100-242, Sec. 515(b), added pars.
    (3) to (5).
      Subsec. (d)(5)(C), (D). Pub. L. 100-404 added subpars. (C) and
    (D).
      Subsec. (d)(6). Pub. L. 100-242, Sec. 515(b), (g)(2), temporarily
    added par. (6), see Effective Date of 1988 Amendment note below.
      Subsec. (f). Pub. L. 100-628, Sec. 1084(a), substituted ''5305''
    for ''5304'' after ''activities under this section or section''.
      Pub. L. 100-242, Sec. 515(c), inserted at end ''In any case in
    which the project proposes the repayment to the applicant of the
    grant funds, such funds shall be made available by the applicant
    for economic development activities that are eligible activities
    under this section or section 5304 of this title.  The applicant
    shall annually provide the Secretary with a statement of the
    projected receipt and use of repaid grant funds during the next
    year together with a report acceptable to the Secretary on the use
    of such funds during the most recent preceding full fiscal year of
    the applicant.''
      Subsec. (h)(1). Pub. L. 100-242, Sec. 516(a)(1), (2), designated
    existing provision as par. ''(1) Speculative projects'' and
    inserted at end ''The provisions of this paragraph shall apply only
    to projects that do not have identified intended occupants.''
      Subsec. (h)(2) to (7). Pub. L. 100-242, Sec. 516(a)(3), added
    pars. (2) to (7).
      Subsec. (n)(1). Pub. L. 100-628, Sec. 1084(b), directed that
    subsec. (n)(1) of this section as similarly amended first by
    provisions made effective by section 101(g) of Pub. L. 99-500 and
    Pub. L. 99-591 (see 1986 Amendment note below and Codification note
    above) and later by section 515(i) of Pub. L. 100-242 (see below)
    is amended to read as if the amendment by Pub. L. 100-242 had not
    been enacted.
      Pub. L. 100-242, Sec. 515(i), made amendment identical to Pub. L.
    99-500 and 99-591. See 1986 Amendment note below.
      Subsec. (r). Pub. L. 100-242, Sec. 515(d), amended subsec. (r)
    generally.  Prior to amendment, subsec. (r) read as follows: ''In
    providing assistance under this section, the Secretary may not
    discriminate among programs on the basis of the particular type of
    activity involved, whether such activity is primarily a
    neighborhood, industrial, or commercial activity.''
      Subsec. (s). Pub. L. 100-242, Sec. 515(h), added subsec. (s).
      1987 - Subsec. (n)(1). For amendment by Sec. 106 of Pub. L.
    100-202, see 1986 Amendment note below.
      Subsec. (n)(2)(A). Pub. L. 100-202, Sec. 101(f) (title I, Sec.
    101), inserted '', or on former Indian reservations in Oklahoma as
    determined by the Secretary of the Interior,'' after
    ''reservation''.
      1986 - Subsec. (n)(1). Pub. L. 99-500 and 99-591, Sec. 101(g), as
    enacted by Pub. L. 100-202, inserted at end ''Such term also
    includes the counties of Kauai, Maui and Hawaii in the State of
    Hawaii.'' See Codification note above.
      Subsec. (n)(2)(B). Pub. L. 99-272 substituted ''was an eligible
    recipient under chapter 67 of title 31 prior to the repeal of such
    chapter'' for ''is an eligible recipient under chapter 67 of title
    31''.
      1984 - Subsec. (n)(1). Pub. L. 98-454 inserted reference to
    American Samoa and the Northern Mariana Islands.
      Subsec. (n)(2). Pub. L. 98-479 substituted ''chapter 67 of title
    31'' for ''the State and Local Fiscal Assistance Act of 1972''.
      1983 - Subsec. (a). Pub. L. 98-181, Sec. 121(a), inserted
    authorizations for appropriations not to exceed $440,000,000 for
    each of the fiscal years 1984, 1985, and 1986.
      Subsec. (b)(1). Pub. L. 98-181, Sec. 121(b), substituted ''the
    extent of unemployment, job lag, or surplus labor'' for ''where
    data are available, the extent of unemployment and job lag'', and
    inserted provisions for continued eligibility for assistance of any
    city with a population of less than 50,000 persons, other than a
    central city of a metropolitan area, which until the Secretary
    revises the standards for eligibility for such cities and includes
    the extent of unemployment, job lag, or labor surplus as a standard
    of distress for such cities, and provisions requiring the Secretary
    to make such revision as soon as possible following Nov. 30, 1983.
      Subsec. (b)(2)(A)(i), (B)(i). Pub. L. 98-181, Sec. 121(c),
    inserted ''neighborhood statistics areas,'' after ''enumeration
    districts,''.
      Subsec. (c)(3)(C). Pub. L. 98-181, Sec. 121(d), added cl. (C).
      Subsec. (d)(1). Pub. L. 98-181, Sec. 121(e), substituted
    ''criteria for a national competition'' for ''criteria'' in
    provisions preceding cl. (A).
      Subsec. (i). Pub. L. 98-181, Sec. 121(f), inserted provisions
    relating to applications by consortia of cities less than 50,000
    population.
      Subsecs. (p) to (r). Pub. L. 98-181, Sec. 121(g), added subsecs.
    (p) to (r).
      1981 - Pub. L. 97-35 substantially restructured and reorganized
    provisions, made changes in nomenclature and phraseology, and
    revised purposes, selection criteria and standards, application
    procedures, approval powers of Secretary, covered activities,
    limitations, allocation computations, funding prerequisites,
    amounts for grants, waivers, notice requirements, applicable
    definitions, and special provisions for years after 1983.
      1980 - Subsec. (c)(7). Pub. L. 96-399, Sec. 110(a)(1)-(3), added
    par. (7).
      Subsec. (n). Pub. L. 96-399, Sec. 110(b), added subsec. (n).
      Subsec. (o). Pub. L. 96-399, Sec. 117(a), added subsec. (o).
      1979 - Subsec. (b). Pub. L. 96-153, Sec. 104, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 96-153, Sec. 104(b), designated existing
    provisions as par. (1) and substituted ''(1) Except in the case of
    a city or urban county eligible under subsection (b)(2) of this
    section, in establishing criteria'' for ''In establishing
    criteria'' in opening sentence, redesignated existing cls. (1) to
    (3) as (A) to (C), and added pars. (2) and (3).
      Subsecs. (l), (m). Pub. L. 96-153, Sec. 105, added subsecs. (l)
    and (m).
      1978 - Subsec. (c)(6). Pub. L. 95-557, Sec. 103(g), added par.
    (6).
      Subsec. (e). Pub. L. 95-557, Sec. 103(h), inserted ''impact of
    the proposed urban development action program on the residents,
    particularly those of low and moderate income, of the residential
    neighborhood, and on the neighborhood, in which the program is to
    be located'' after ''objectives of this chapter''.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-233 applicable with respect to any
    amounts made available to carry out subchapter II (Sec. 12721 et
    seq.) of chapter 130 of this title after Apr. 11, 1994, and any
    amounts made available to carry out that subchapter before that
    date that remain uncommitted on that date, with Secretary to issue
    any regulations necessary to carry out such amendment not later
    than end of 45-day period beginning on that date, see section 209
    of Pub. L. 103-233, set out as a note under section 5301 of this
    title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 515(f), (g) of Pub. L. 100-242 provided that:
      ''(f) Regulations. - The Secretary of Housing and Urban
    Development shall issue such regulations as may be necessary to
    carry out the amendments made by this section (amending this
    section).  Such regulations shall be published for comment in the
    Federal Register not later than 60 days after the date of enactment
    of this Act (Feb. 5, 1988). The provisions of section 119(d)(1)(D),
    section 119(d)(3), and section 119(d)(4) of the Housing and
    Community Development Act of 1974 (subsec. (d)(1)(D), (3), (4) of
    this section), shall take effect on the date of enactment of this
    Act.
      ''(g) Applicability. -
        ''(1) In general. - The amendments made by this section
      (amending this section) shall be applicable to the making of
      urban development action grants that have not received the
      preliminary approval of the Secretary of Housing and Urban
      Development before the date on which final regulations issued by
      the Secretary under subsection (f) become effective.  For the
      fiscal year in which the amendments made by this section become
      applicable, such amendments shall only apply with respect to the
      aggregate amount awarded for such grants on or after such
      effective date.
        ''(2) Sunset of urban county competition rule. - Effective
      October 1, 1989, section 119(d)(6) of the Housing and Community
      Development Act of 1974 (subsec. (d)(6) of this section) is
      repealed.''
      Section 516(b) of Pub. L. 100-242 provided that: ''Except as
    otherwise provided in section 119(h)(5) of the Housing and
    Community Development Act of 1974 (subsec. (h)(5) of this section)
    (as added by subsection (a)), the amendments made by this section
    (amending this section) shall be applicable to urban development
    action grants that have not received the preliminary approval of
    the Secretary of Housing and Urban Development before the date of
    the enactment of this Act (Feb. 5, 1988).''
                     EFFECTIVE DATE OF 1986 AMENDMENTS
      Section 106 of Pub. L. 100-202 provided that the amendment made
    by Pub. L. 99-500 and 99-591 is effective on date of enactment
    (Oct. 18, 1986) of the ''pertinent joint resolution'' making
    continuing appropriations for fiscal year 1987 (Pub. L. 99-500 and
    99-591).
      Amendment by Pub. L. 99-272 effective Oct. 18, 1986, see section
    14001(e) of Pub. L. 99-272.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Section 308(c) of Pub. L. 97-35 provided that: ''The amendments
    made by subsections (a) and (b) (amending this section and section
    5320 of this title) shall become effective on the effective date of
    regulations implementing such subsections.  As soon as practicable,
    but not later than January 1, 1982, the Secretary shall issue such
    final rules and regulations as the Secretary determines are
    necessary to carry out such subsections.''
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section
    104 of Pub. L. 95-557, set out as a note under section 1709 of
    Title 12, Banks and Banking.
                               EFFECTIVE DATE
      Section effective Oct. 1, 1977, see section 114 of Pub. L.
    95-128, set out as an Effective Date of 1977 Amendment note under
    section 5301 of this title.
     IMPLEMENTATION OF URBAN DEVELOPMENT ACTION GRANT RETENTION PROGRAM
      Section 232(c)(2) of Pub. L. 103-233 provided that: ''Not later
    than 10 days after the date of enactment of this Act (Apr. 11,
    1994), the Secretary shall, by notice published in the Federal
    Register, which shall take effect upon publication, establish such
    requirements as may be necessary to implement the amendments made
    by this subsection (amending this section).''
    NEW TOWNS DEMONSTRATION PROGRAM FOR EMERGENCY RELIEF OF LOS ANGELES
      Pub. L. 102-550, title XI, Oct. 28, 1992, 106 Stat. 3927, as
    amended by Pub. L. 105-362, title VII, Sec. 701(g), Nov. 10, 1998,
    112 Stat. 3287, provided that:
    ''SEC. 1101. AUTHORITY.
      ''To provide for the revitalization and renewal of inner city
    neighborhoods in the areas of Los Angeles, California, that were
    damaged by the civil disturbances during April and May of 1992, and
    to demonstrate the effectiveness of new town developments in
    revitalizing and restoring depressed and underprivileged inner city
    neighborhoods, the Secretary of Housing and Urban Development
    shall, to the extent or in such amounts as are provided in
    appropriation Acts, make any assistance authorized under this title
    available under this title to units of general local government,
    governing boards, and eligible mortgagors in accordance with the
    provisions of this title.
    ''SEC. 1102. NEW TOWN PLAN.
      ''(a) Requirement. - The Secretary may make assistance available
    under this title only in connection with, and according to the
    provisions of a new town plan developed and established by a
    governing board under section 1107 and approved under subsection
    (d) of this section.  In developing such plans, the governing board
    shall consult with representatives of the units of general local
    government within whose boundaries are located any portion of the
    new town demonstration area for the demonstration program to be
    carried out under such plan.
      ''(b) Eligible New Town Demonstration Areas. - A new town plan
    under this section shall provide for carrying out a new town
    development demonstration providing assistance available under this
    title within a new town demonstration area, which shall be a
    geographic area defined in the new town plan -
        ''(1) that is one of pervasive poverty, unemployment, and
      general distress;
        ''(2) that has an unemployment rate of not less than 1.5 times
      the national unemployment rate for the 2 years preceding approval
      of the new town plan;
        ''(3) that has a poverty rate of not less than 20 percent
      during such 2-year period;
        ''(4) for which not less than 70 percent of the households
      living in the area have incomes below 80 percent of the median
      income of households of the unit of general local government in
      which they are located;
        ''(5) that has a shortage of adequate jobs for residents; and
        ''(6) that is located -
          ''(A) in or near the City or County of Los Angeles, in the
        State of California; and
          ''(B) within an area for which the President, pursuant to
        title IV or V of the Robert T. Stafford Disaster Relief and
        Emergency Assistance Act (42 U.S.C. 5170 et seq., 5191 et
        seq.), declared that a major disaster or emergency existed for
        purposes of such Act (42 U.S.C. 5121 et seq.), as a result of
        the civil disturbances involving acts of violence occurring on
        or after April 29, 1992, and before May 6, 1992.
      ''(c) Contents. - Each new town plan shall include the following
    information:
        ''(1) Governing board. - A description of the members and
      purposes of the governing board that developed the plan, the
      manner in which members of the governing board were selected, and
      the businesses, agencies, interests, and community ties of each
      member of the governing board.
        ''(2) New town demonstration area. - A definition and
      description of the new town demonstration area for the new town
      development demonstration to be assisted under this title.
        ''(3) Target community. - A description of the economic,
      social, racial, and ethnic characteristics of the population of
      the neighborhood or area in which the new town demonstration area
      is located.
        ''(4) Agreements. - Agreements that the governing board will
      carry out the new town demonstration program in accordance with
      the requirements of this title.
        ''(5) Housing units. - A description of the number, size,
      location, cost, style, and characteristics of rental and
      homeownership housing units to be developed under the new town
      demonstration program, any financing for developing such housing,
      and the amount of assistance necessary under section 1105 for
      developing the housing under the program.
        ''(6) Jobs. - A description of the number, types, and duration
      of any new jobs that will be created in the new town
      demonstration area and surrounding areas as a result of the
      demonstration program, and of any job training activities and
      apprenticeship programs to be made available in connection with
      the program.
        ''(7) Social services. - A description of the social and
      supportive services to be made available under the demonstration
      program to residents of housing assisted under the demonstration
      program pursuant to section 1103(d) and to residents of the new
      town demonstration area.
        ''(8) Supplemental resources. - A description of any funds,
      assistance, in-kind contributions, and other resources to be made
      available in connection with the demonstration program, including
      the sources and amounts of any private capital resources and
      non-Federal funds required under section 1103(h).
        ''(9) Contractors and developers. - A listing of the
      contractors and developers who potentially will carry out any
      construction and rehabilitation work for development of housing
      under the demonstration program and the expected costs involved
      in hiring such contractors and developers.
        ''(10) Financing for homebuyers. - A description of any
      mortgage lenders who have indicated that they will make financing
      available to families purchasing housing developed under the
      demonstration program through mortgages eligible for insurance
      under section 1104 and proposed terms of such mortgages.
        ''(11) Commitments. - Evidence of any commitments entered into
      for making any of the resources described in paragraphs (6)
      through (8) available in connection with the demonstration
      program.
        ''(12) Presale requirements. - A description of commitments
      made to purchase not less than 50 percent of the housing to be
      developed under the demonstration program for purchase by the
      occupant and to rent not less than 50 percent of the rental
      dwelling units to be developed under the demonstration program.
        ''(13) Community development activities. - A description of the
      community development activities to be carried out with
      assistance under section 1106, the amount of assistance necessary
      under such section for such activities, and of the projected uses
      of such assistance.
      ''(d) Review and Approval. -
        ''(1) Submission. - Not later than the expiration of the
      6-month period beginning on the date of the enactment of this Act
      (Oct. 28, 1992), a governing board shall submit a new town plan
      under this section to the chief executive officers of each unit
      of general local government within whose boundaries is located
      any portion of the new town demonstration area described under
      the plan of the board.
        ''(2) Approval. - For a plan to be eligible for assistance
      available under this title, the chief executive officer of all
      units of general local government to whom the new town plan is
      submitted shall approve the plan at a public meeting after the
      plan has been made publicly available for a period of not less
      than 30 days.  A governing board may resubmit for approval any
      plan returned by any such chief executive officer to the
      governing board, and such chief executive officer may, upon
      returning the plan indicate any modifications necessary for
      approval.  A new town plan may not be approved unless such chief
      executive officers determine that the membership of the governing
      board submitting the plan is constituted in accordance with
      section 1107 and the governing board is capable of carrying out
      the plan.
        ''(3) Amendment. - An approved new town plan for the
      demonstration program developed by the governing board may be
      amended by the board by obtaining approval of the amendment in
      the manner provided under this subsection for approval of plans.
      If the chief executive officer of the unit of general local
      government does not approve or return the amended plan within 30
      days of submission, the amended plan shall be considered to be
      approved for purposes of this subsection.
    ''SEC. 1103. NEW TOWN DEVELOPMENT DEMONSTRATION PROGRAM
        REQUIREMENTS.
      ''(a) In General. - Each of the 2 new town development
    demonstration programs selected for assistance under this title
    under section 1102 shall be carried out, by the governing board
    submitting the new town plan for the demonstration program, in
    accordance with such plan (and any approved amendments of such
    plans) and shall be subject to the requirements under this section.
      ''(b) Local Participation. - With respect to any activities
    carried out under the demonstration program, the program shall give
    preference in awarding contracts, purchasing materials, acquiring
    services, and obtaining assistance or training, to contractors,
    businesses, developers, professionals, and other establishments
    located or having offices within the new town demonstration area.
      ''(c) Housing. -
        ''(1) Number of units. - The demonstration program shall
      construct or renovate not less than 1,500 dwelling units in the
      new town demonstration area, of which not less than 60 percent
      shall be units available for purchase by the occupant.
        ''(2) Affordability. - Units of varying sizes and costs shall
      be designed and developed under the demonstration program so that
      the program provides housing affordable to families of varying
      incomes not exceeding 115 percent of the median income for the
      area in which the new town demonstration area is located,
      including very low- and low-income families (as such terms are
      defined in section 3(b) of the United States Housing Act of 1937
      (42 U.S.C. 1437a(b))).
        ''(3) Homeownership units. - Dwelling units developed under the
      demonstration program for purchase by the occupant shall
      initially be sold at prices affordable to families eligible to
      purchase such units.  Such units shall be available for purchase
      only by families having incomes not exceeding the amount
      specified in paragraph (2). The demonstration shall develop 2-,
      3-, and 4-bedroom units for purchase.
        ''(4) Rental units. - Dwelling units developed under the
      demonstration program that are to be available for rental shall
      include family-type units and single bedroom and efficiency units
      designed for elderly occupants.  Such units shall be available
      for occupancy only by families who (upon initial occupancy) have
      incomes of (A) less than 60 percent of the median income for the
      area, or (B) less than $20,000. Occupant families shall pay not
      more than 30 percent of the family income for rent.
      ''(d) Social Services. - The demonstration program shall provide
    for appropriate social and supportive services to be made available
    to residents of housing assisted under the demonstration program
    and to other residents of the new town demonstration area, which
    may include rental and homeownership counseling, child care, job
    placement, educational programs, recreational and health care
    facilities and programs, and other appropriate services.
      ''(e) Job Creation and Training. - The demonstration program
    shall provide, to the extent practicable, that activities in
    connection with the demonstration program, including development of
    housing under subsection (c) and community development activities
    assisted under section 1106, shall employ and provide job training
    opportunities for residents of the housing assisted under the
    demonstration program and other residents of the new town
    demonstration area.
      ''(f) Financing. - The demonstration program shall provide for
    coordination with banks, credit unions, and other mortgage lenders
    to make financing available to purchasers of units developed under
    the demonstration program through mortgages eligible for insurance
    under section 1104, and shall give preference to such mortgage
    lenders who have offices located within or near the new town
    demonstration area.
      ''(g) Support Facilities. - The demonstration program shall
    encourage, facilitate, and provide for development of appropriate
    support facilities to serve residents in the housing developed
    under the program, including infrastructure and commercial
    facilities.
      ''(h) Non-Federal Funds. - The governing board carrying out the
    demonstration program shall ensure that not less than 25 percent of
    the total amounts used to carry out the demonstration program is
    provided from non-Federal sources, including State or local
    government funds, any salary paid to staff to carry out the
    demonstration program, the value of any time, services, and
    materials donated to carry out the program, the value of any
    donated building, and the value of any lease on a building.
    ''SEC. 1104. FEDERAL MORTGAGE INSURANCE.
      ''(a) In General. - Pursuant to title II and section 251 of the
    National Housing Act (12 U.S.C. 1707 et seq., 1715z-16), the
    Secretary shall (to the extent authority is available pursuant to
    subsection (d)) insure mortgages under this section involving
    properties upon which are located dwelling units described in
    section 1103(c)(3) of this Act that are developed under the new
    town demonstration programs carried out pursuant to this title.
      ''(b) Mortgage Terms. - Mortgages insured under this section
    shall -
        ''(1) provide for periodic adjustments in the effective rate of
      interest charged, which -
          ''(A) for the first 5 years of the mortgage, shall be an
        annual rate of not more than 7 percent; and
          ''(B) after the expiration of such 5-year period, may
        increase on an annual basis, but -
            ''(i) shall be limited, with respect to any single interest
          rate increase, to not more than a 10-percent increase in the
          annual percentage rate; and
            ''(ii) may not be increased at any time to a rate greater
          than the rate necessary at such time to fully amortize the
          outstanding loan balance over the term of the mortgage; and
        ''(2) have a maturity of 35 years from the date of the
      beginning of the amortization of the mortgage.
      ''(c) Board Approval. - The Secretary may provide insurance under
    this section for a mortgage only if the governing board for the
    demonstration program for the new town demonstration area in which
    the property subject to the mortgage is located has indicated to
    the Secretary approval of the mortgage in connection with the
    demonstration program.
      ''(d) Insurance Authority. - To the extent provided in
    appropriation Acts, the Secretary shall use any authority provided
    pursuant to section 531(b) of the National Housing Act (12 U.S.C.
    1735f-9(b)) to enter into commitments to insure loans and mortgages
    under this section in fiscal years 1993 and 1994 with an aggregate
    principal amount not exceeding such sums as may be necessary to
    carry out the demonstration under this title.  Mortgages insured
    under this section shall not be considered for purposes of the
    aggregate limitation on the number of mortgages insured under
    section 251 of the National Housing Act (12 U.S.C. 1715z-16)
    specified in subsection (c) of such section.
    ''SEC. 1105. SECONDARY SOFT MORTGAGE FINANCING FOR HOUSING.
      ''(a) In General. - The Secretary shall, to the extent amounts
    are provided in appropriation Acts under subsection (e), provide
    assistance under this section through the governing boards carrying
    out the new town demonstration programs under this section to
    assist in the development of housing under the program.
      ''(b) Use. - Any assistance provided under this section shall be
    used only for costs in planning, developing, constructing, and
    rehabilitating housing under the demonstration program available
    for rental or purchase by the occupant.  The governing board shall
    determine, according to the new town plan for the demonstration
    program, the allocation of amounts of assistance provided under
    this section.
      ''(c) Amount. - The Secretary may not provide assistance under
    this section for the development of housing under a demonstration
    program in an amount exceeding $50,000 per dwelling unit assisted.
      ''(d) Second Mortgage. -
        ''(1) In general. - Assistance under this section shall be
      repaid in accordance with this subsection.  Repayment of the
      amount of any assistance provided with respect to -
          ''(A) any building containing rental units, or
          ''(B) any dwelling unit available for purchase by the
        occupant that is developed under a demonstration program,
      shall be secured by a second mortgage held by the Secretary on
      the property involved.
        ''(2) Terms. - During the period ending upon repayment of the
      assistance as provided in this subsection, any building
      containing rental units that is provided assistance under this
      section shall be used as rental housing subject to the
      requirements of section 1103(c)(4). During the period ending upon
      repayment of the assistance as provided in this subsection, any
      dwelling unit made available for purchase by the occupant that is
      provided assistance under this section may be sold only to a
      family having an income not exceeding the amount specified in
      section 1103(c)(2).
        ''(3) Interest. - Any assistance provided under this section
      for a building or dwelling unit shall bear interest at a rate
      equivalent to the rate for the most recently marketable
      obligations issued by the United States Treasury have terms of 10
      years.  The interest on such assistance shall be required to be
      repaid only upon sale of the building.
        ''(4) Discounted repayment. - The assistance provided under
      this section for any building containing rental units or any
      dwelling unit available for purchase by the occupant shall be
      considered to have been repaid for purposes of this subsection if
      the original purchaser of the building or the dwelling unit pays
      to the Secretary an amount equal to 50 percent of the amount of
      the assistance provided under this section.
      ''(e) Authorization of Appropriations. - There are authorized to
    be appropriated for fiscal years 1993 and 1994 such sums as may be
    necessary for providing assistance under this section.
    ''SEC. 1106. COMMUNITY DEVELOPMENT ASSISTANCE.
      ''(a) In General. - The Secretary shall provide assistance under
    this section, to the extent amounts are provided in appropriation
    Acts under subsection (h), to units of general local government to
    address vital unmet needs and to promote the creation of jobs and
    economic development in connection with the new town demonstration
    programs carried out under this title.
      ''(b) Eligible Units of General Local Government. - Assistance
    may be provided under this section only to units of general local
    government -
        ''(1) within whose boundaries are located any portion of the
      new town demonstration areas described under the new town
      demonstration plans for the demonstration programs carried out
      under this title;
        ''(2) that make the certifications to the Secretary required
      under subsection (c); and
        ''(3) that will comply with a residential antidisplacement and
      relocation assistance plan described in subsection (d).
      ''(c) Required Certifications. - The certifications referred to
    in subsection (b)(2) shall be certifications that -
        ''(1) the assistance will be conducted and administered in
      conformity with the Civil Rights Act of 1964 (42 U.S.C. 2000a et
      seq.) and the Civil Rights Act of 1968 (see Short Title note set
      out under section 3601 of this title), and the unit of general
      local government will affirmatively further fair housing;
        ''(2) the projected use of funds has been developed in a manner
      that gives maximum feasible priority to activities which are
      designed to meet community development needs that have been
      delayed because of the lack of fiscal resources of the unit of
      general local government or which are designed to address
      conditions that pose a serious and immediate threat to the health
      or welfare of the community;
        ''(3) any projected use of funds for public services will
      benefit primarily low- and moderate-income families;
        ''(4) the unit of general local government will not attempt to
      recover any capital costs of public improvements assisted in
      whole or part under this section by assessing any amount against
      properties owned and occupied by persons of low- and
      moderate-income, including any fee charged or assessment made as
      a condition of obtaining access to such public improvements,
      unless -
          ''(A) funds received under this section are used to pay the
        proportion of such fee or assessment that relates to the
        capital costs of such public improvements that are financed
        from revenue sources other than under this section; or
          ''(B) for purposes of assessing any amount against properties
        owned and occupied by persons of moderate income, the grantee
        certifies to the Secretary that it lacks sufficient funds
        received under this section to comply with the requirements of
        subparagraph (A); and
        ''(5) the unit of general local government will comply with the
      other provisions of this title and with other applicable laws.
      ''(d) Antidisplacement and Relocation Plan. -
        ''(1) Contents. - The residential antidisplacement and
      relocation assistance plan referred to in subsection (b)(3)
      shall, in connection with activities assisted under this section
      -
          ''(A) provide that, in the event of such displacement -
            ''(i) governmental agencies or private developers shall
          provide, within the same community, comparable replacement
          dwellings for the same number of occupants as could have been
          housed in the occupied and vacant occupiable low- and
          moderate-income dwelling units demolished or converted to a
          use other than for housing for low- and moderate-income
          persons, and provide that such replacement housing may
          include existing housing assisted with project based
          assistance provided under section 8 of the United States
          Housing Act of 1937 (42 U.S.C. 1437f);
            ''(ii) such comparable replacement dwellings shall be
          designed to remain affordable to persons of low- and
          moderate-income for 10 years from the time of initial
          occupancy;
            ''(iii) relocation benefits shall be provided for all low-
          or moderate-income persons who occupied housing demolished or
          converted to a use other than for low- or moderate-income
          housing, including reimbursement for actual and reasonable
          moving expenses, security deposits, credit checks, and other
          moving-related expenses, including any interim living costs;
          and in the case of displaced persons of low- and
          moderate-income, provide either -
     ''(I) compensation sufficient to ensure that, for a 5-year period,
            the displaced families shall not bear, after relocation, a
            ratio of shelter costs to income that exceeds 30 percent;
            or
     ''(II) if elected by a family, a lump-sum payment equal to the
            capitalized value of the benefits available under subclause
            (I) to permit the household to secure participation in a
            housing cooperative or mutual housing association; and
            ''(iv) persons displaced shall be relocated into comparable
          replacement housing that is -
     ''(I) decent, safe, and sanitary;
     ''(II) adequate in size to accommodate the occupants;
     ''(III) functionally equivalent; and
     ''(IV) in an area not subject to unreasonably adverse
            environmental conditions; and
          ''(B) provide that persons displaced shall have the right to
        elect, as an alternative to the benefits under this subsection,
        to receive benefits under the Uniform Relocation Assistance and
        Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
        et seq.) if such persons determine that it is in their best
        interest to do so; and
          ''(C) provide that where a claim for assistance under
        subparagraph (A)(iv) is denied by the unit of general local
        government, the claimant may appeal to the Secretary, and that
        the decision of the Secretary shall be final unless a court
        determines the decision was arbitrary and capricious.
        ''(2) Exception. - Paragraphs (1)(A)(i) and (1)(A)(ii) shall
      not apply in any case in which the Secretary finds, on the basis
      of objective data, that there is available in the area an
      adequate supply of habitable affordable housing for low- and
      moderate-income persons.  A determination under this paragraph
      shall be final and nonreviewable.
      ''(e) Eligible Activities. - Activities assisted with amounts
    provided under this section may include only the following
    activities:
        ''(1) Acquisition of real property. - The acquisition of real
      property (including air rights, water rights, and other interests
      therein) that is located within the new town demonstration area
      and is -
          ''(A) blighted, deteriorated, undeveloped, or inappropriately
        developed from the standpoint of sound community development
        and growth;
          ''(B) appropriate for rehabilitation activities;
          ''(C) appropriate for the preservation or restoration of
        historic sites, the beautification of urban land, the
        conservation of open spaces, natural resources, and scenic
        areas, the provision of recreational opportunities, or the
        guidance of urban development;
          ''(D) to be used for the provision of public works,
        facilities, and improvements eligible for assistance under this
        section;
          ''(E) to be used as a facility for coordinating and providing
        activities and services for high risk youth (as such term is
        defined in section 509A (now 517) of the Public Health Service
        Act (42 U.S.C. 290bb-23)); or
          ''(F) to be used for other public purposes.
        ''(2) Construction of public works and facilities. - The
      acquisition, construction, rehabilitation, or installation of
      public works or public facilities within the new town
      demonstration area, including buildings for the general conduct
      of government and facilities for coordinating and providing
      activities and services for high risk youth (as such term is
      defined in section 509A (now 517) of the Public Health Service
      Act).
        ''(3) Clearance and rehabilitation of buildings. - The
      clearance, removal, and rehabilitation of buildings and
      improvements located within the new town demonstration area,
      including interim assistance, assistance for facilities for
      coordinating and providing activities and services for high risk
      youth (as such term is defined in section 509A (now 517) of the
      Public Health Service Act), and assistance to privately owned
      buildings and improvements.
        ''(4) Provision of public services and housing. -
          ''(A) Public services. - The provision of public services
        within the new town demonstration area that are concerned with
        job training and retraining, health care and education, crime
        prevention, drug abuse treatment and rehabilitation, child
        care, education, and recreation, which may include the
        provision of public health and public safety vehicles.
          ''(B) Housing activities. - The acquisition and
        rehabilitation of housing for low- and moderate-income families
        within the new town demonstration area, except that any grantee
        that uses amounts received under this section for housing
        activities under this subparagraph shall make not less than 15
        percent of the amount used for such housing activities
        available only for community housing development organizations
        and nonprofit organizations (as such terms are defined in
        section 104 of the Cranston-Gonzalez National Affordable
        Housing Act (42 U.S.C. 12704)) for such activities;
          ''(C) Limitation. - Not more than 25 percent of the amount of
        any assistance provided under this section (including program
        income) to any unit of general local government may be used for
        activities under this paragraph.
        ''(5) Relocation assistance. - Relocation payments and
      assistance for individuals, families, business, and organizations
      that are displaced as a result of activities assisted under this
      title.
        ''(6) Payment of administrative expenses. - Payment of
      reasonable administrative costs associated with activities
      assisted under this section and any expenses of developing the
      new town plan under section 1102.
      ''(f) Allocation of Assistance. - The Secretary may not provide
    more than 50 percent of any amounts appropriated under this section
    in connection with any one of the 2 new town demonstration programs
    carried out under this title.
      ''(g) Other Requirements. - The provisions of subsections (f),
    (g), and (h) of section 104, subsections (c) and (d) of section
    105, section 107, 108, 109, and 110 of the bill, H.R. 4073, 102d
    Congress (as reported on March 14, 1992 (May 14, 1992, H. Rept. No.
    102-524), by the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives), shall apply to grantees receiving
    assistance under this section.
      ''(h) Authorization of Appropriations. - There are authorized to
    be appropriated for fiscal years 1993 and 1994 such sums as may be
    necessary for assistance under this section.
    ''SEC. 1107. GOVERNING BOARDS.
      ''(a) Purpose. - For purposes of this title, a governing board
    shall be a board organized for the purpose of developing a new town
    plan under this title and carrying out a new town development
    demonstration under this title.
      ''(b) Membership. - Each governing board shall consist of not
    less than 10 members, who shall include -
        ''(1) residents of the area in which the new town demonstration
      area under the plan developed by the board is located;
        ''(2) owners of business in such area;
        ''(3) leaders or participants in community groups in such area;
      and
        ''(4) representatives of financial institutions located or
      having offices in such area.
      ''(c) Organization. - A governing board may organize itself and
    conduct business in the manner that the board determines is
    appropriate to carry out the new town development demonstration
    under this title.
    ''SEC. 1108. REPORTS.
      ''Each governing board carrying out a new town development
    demonstration under this title shall submit to the Congress a copy
    of the new town plan of the governing board, upon the approval of
    that plan under section 1102(d).
    ''SEC. 1109. DEFINITIONS.
      ''For purposes of this title:
        ''(1) Demonstration program. - The terms 'demonstration
      program' and 'program' mean a new town development demonstration
      program receiving assistance under this title, which is carried
      out within a new town demonstration area by a governing board.
        ''(2) Governing board. - The term 'governing board' means a
      board established under section 1107.
        ''(3) New town demonstration area. - The term 'new town
      demonstration area' means the area defined in a new town plan in
      which the new town development demonstration under the plan is to
      be carried out.
        ''(4) New town plan. - The terms 'new town plan' and 'plan'
      mean a plan under section 1102 developed by a governing board.
        ''(5) Unit of general local government. - The term 'unit of
      general local government' means any city, county, town, township,
      parish, village, or other general purpose political subdivision
      of the State of California.''
                       REPORTS OF COMPTROLLER GENERAL
      Section 515(e) of Pub. L. 100-242 provided that:
      ''(1)(A) Not later than the expiration of the 1-year period
    following the date of enactment of this Act (Feb. 5, 1988) and
    every 3 years thereafter, the Comptroller General of the United
    States shall prepare and submit to the Congress a comprehensive
    report evaluating the eligibility standards and selection criteria
    applicable under section 119 of the Housing and Community
    Development Act of 1974 (this section).
      ''(B) Such report shall evaluate in detail the standards and
    criteria specified in such section that measure the level or
    comparative degree of economic distress of cities and urban
    counties and the effect of the grants awarded on the basis of such
    standards and criteria on stimulating the maximum economic
    development activity.
      ''(C) Such report shall also evaluate in detail the extent to
    which the economic and social data utilized by the Secretary in
    awarding grants under such section is current and accurate, and
    shall compare the data used by the Secretary with other available
    data.  The Comptroller General shall make recommendations to the
    Congress on whether or not other data should be collected by the
    Federal Government in order to fairly and accurately distribute
    grants under such section based on the level or comparative degree
    of economic distress.  The Comptroller General shall also make
    recommendations on whether or not existing data should be collected
    more frequently in order to ensure that timely data is used to
    evaluate grant applications under such section.
      ''(2) Not later than the expiration of the 3-month period
    following the date of the final competition for grants for fiscal
    year 1988 under section 119 of the Housing and Community
    Development Act of 1974 (this section), the Comptroller General of
    the United States shall prepare and submit to the Congress a
    comprehensive report describing the effect of the amendments made
    by this section (amending this section) on -
        ''(A) the targeting of grant funds to cities and urban counties
      having the highest level or degree of economic distress;
        ''(B) the distribution of grants (sic) funds among regions of
      the United States;
        ''(C) the number and types of projects receiving grants;
        ''(D) the per capita funding levels for each city, urban
      county, or identifiable community described in subsection (p) of
      such section 119, receiving assistance under such section 119;
      and
        ''(E) the stimulation of the maximum economic development
      activity.''
                   NEIGHBORHOOD DEVELOPMENT DEMONSTRATION
      Section 123 of Pub. L. 98-181, as amended, which provided for a
    demonstration program to determine the feasibility of supporting
    eligible neighborhood development activities by providing Federal
    matching funds to eligible neighborhood development organizations,
    was transferred to section 5318a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5302, 5304, 5305, 5307,
    5313, 5318a, 5320, 11501, 12705 of this title; title 12 section
    1715z; title 26 section 144.
 
-CITE-
    42 USC Sec. 5318a                                            01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5318a. John Heinz Neighborhood Development Program
 
-STATUTE-
    (a) Definitions
      For the purposes of this section:
        (1) The term ''eligible neighborhood development activity''
      means -
          (A) creating permanent jobs in the neighborhood;
          (B) establishing or expanding businesses within the
        neighborhood;
          (C) developing, rehabilitating, or managing neighborhood
        housing stock;
          (D) developing delivery mechanisms for essential services
        that have lasting benefit to the neighborhood; or
          (E) planning, promoting, or financing voluntary neighborhood
        improvement efforts.
        (2) The term ''eligible neighborhood development organization''
      means -
          (A)(i) an entity organized as a private, voluntary, nonprofit
        corporation under the laws of the State in which it operates;
          (ii) an organization that is responsible to residents of its
        neighborhood through a governing body, not less than 51 per
        centum of the members of which are residents of the area
        served;
          (iii) an organization that has conducted business for at
        least one year prior to the date of application for
        participation;
          (iv) an organization that operates within an area that -
            (I) meets the requirements for Federal assistance under
          section 5318 of this title;
            (II) is designated as an enterprise zone under Federal law;
            (III) is designated as an enterprise zone under State law
          and recognized by the Secretary for purposes of this section
          as a State enterprise zone; or
            (IV) is a qualified distressed community within the meaning
          of section 1834a(b)(1) of title 12; and
          (v) an organization that conducts one or more eligible
        neighborhood development activities that have as their primary
        beneficiaries low- and moderate-income persons, as defined in
        section 5302(a)(20) of this title; or
          (B) any facility that provides small entrepreneurial business
        with affordable shared support services and business
        development services and meets the requirements of subparagraph
        (A).
        (3) The term ''neighborhood development funding organization''
      means -
          (A) a depository institution the accounts of which are
        insured pursuant to the Federal Deposit Insurance Act (12
        U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C.
        1751 et seq.), and any subsidiary (as such term is defined in
        section 3(w) of the Federal Deposit Insurance Act (12 U.S.C.
        1813(w))) thereof;
          (B) a depository institution holding company and any
        subsidiary thereof (as such term is defined in section 3(w) of
        the Federal Deposit Insurance Act (12 U.S.C. 1813(w))); or
          (C) a company at least 75 percent of the common stock of
        which is owned by one or more insured depository institutions
        or depository institution holding companies.
        (4) The term ''Secretary'' means the Secretary of Housing and
      Urban Development.
    (b) Duties of Secretary
      (1) The Secretary shall carry out, in accordance with this
    section, a program to support eligible neighborhood development
    activities by providing Federal matching funds to eligible
    neighborhood development organizations on the basis of the monetary
    support such organizations have received from individuals,
    businesses, and nonprofit or other organizations in their
    neighborhoods, and from neighborhood development funding
    organizations, prior to receiving assistance under this section.
      (2) The Secretary shall accept applications from eligible
    neighborhood development organizations for participation in the
    program.  Eligible organizations may participate in more than one
    year of the program, but shall be required to submit a new
    application and to compete in the selection process for each
    program year.  For fiscal year 1993 and thereafter, not more than
    50 percent of the grants may be for multiyear awards.
      (3) From the pool of eligible neighborhood development
    organizations submitting applications for participation in a given
    program year, the Secretary shall select participating
    organizations in an appropriate number through a competitive
    selection process.  To be selected, an applicant shall -
        (A) have demonstrated measurable achievements in one or more of
      the activities specified in subsection (a)(1) of this section;
        (B) specify a business plan for accomplishing one or more of
      the activities specified in subsection (a)(1) of this section;
        (C) specify a strategy for achieving greater long term private
      sector support, especially in cooperation with a neighborhood
      development funding organization, except that an eligible
      neighborhood development organization shall be deemed to have the
      full benefit of the cooperation of a neighborhood development
      funding organization if the eligible neighborhood development
      organization -
          (i) is located in an area described in subsection
        (a)(2)(A)(iv) of this section that does not contain a
        neighborhood development funding organization; or
          (ii) demonstrates to the satisfaction of the Secretary that
        it has been unable to obtain the cooperation of any
        neighborhood development funding organization in such area
        despite having made a good faith effort to obtain such
        cooperation; and
        (D) specify a strategy for increasing the capacity of the
      organization.
    (c) Criteria for awarding grants
      The Secretary shall award grants under this section among the
    eligible neighborhood development organizations submitting
    applications for such grants on the basis of -
        (1) the degree of economic distress of the neighborhood
      involved;
        (2) the extent to which the proposed activities will benefit
      persons of low and moderate income;
        (3) the extent of neighborhood participation in the proposed
      activities, as indicated by the proportion of the households and
      businesses in the neighborhood involved that are members of the
      eligible neighborhood development organization involved and by
      the extent of participation in the proposed activities by a
      neighborhood development funding organization that has a branch
      or office in the neighborhood, except that an eligible
      neighborhood development organization shall be deemed to have the
      full benefit of the participation of a neighborhood development
      funding organization if the eligible neighborhood development
      organization -
          (A) is located in an (FOOTNOTE 1) neighborhood that does not
        contain a branch or office of a neighborhood development
        funding organization; or
       (FOOTNOTE 1) So in original.  Probably should be ''a''.
          (B) demonstrates to the satisfaction of the Secretary that it
        has been unable to obtain the participation of any neighborhood
        development funding organization that has a branch or office in
        the neighborhood despite having made a good faith effort to
        obtain such participation; and
        (4) the extent of voluntary contributions available for the
      purpose of subsection (e)(4) of this section, except that the
      Secretary shall waive the requirement of this subparagraph in the
      case of an application submitted by a small eligible neighborhood
      development organization, an application involving activities in
      a very low-income neighborhood, or an application that is
      especially meritorious.
    (d) Consultation with informal working group
      The Secretary shall consult with an informal working group
    representative of eligible neighborhood organizations with respect
    to the implementation and evaluation of the program established in
    this section.
    (e) Matching funds for participating organizations
      (1) The Secretary shall assign each participating organization a
    defined program year, during which time voluntary contributions
    from individuals, businesses, and nonprofit or other organizations
    in the neighborhood, and from neighborhood development funding
    organizations, shall be eligible for matching.
      (2) Subject to paragraph (3), at the end of each three-month
    period occurring during the program year, the Secretary shall pay
    to each participating neighborhood development organization the
    product of -
        (A) the aggregate amount of voluntary contributions that such
      organization certifies to the satisfaction of the Secretary it
      received during such three-month period; and
        (B) the matching ratio established for such test neighborhoods
      under paragraph (4).
      (3) The Secretary shall pay not more than $50,000 under this
    section to any participating neighborhood development organization
    during a single program year, except that, if appropriations for
    this section exceed $3,000,000, the Secretary may pay not more than
    $75,000 to any participating neighborhood development organization.
      (4) For purposes of paragraph (2), the Secretary shall, for each
    participating organization, determine an appropriate ratio by which
    monetary contributions made to participating neighborhood
    development organizations will be matched by Federal funds.  The
    highest such ratios shall be established for neighborhoods having
    the smallest number of households or the greatest degree of
    economic distress.
      (5) The Secretary shall insure that -
        (A) grants and other forms of assistance may be made available
      under this section only if the application contains a
      certification by the unit of general local government within
      which the neighborhood to be assisted is located that such
      assistance is not inconsistent with the comprehensive housing
      affordability strategy of such unit approved under section 12705
      of this title or the statement of community development
      activities and community development plans of the unit submitted
      under section 5304(m) of this title, except that the failure of a
      unit of general local government to respond to a request for a
      certification within thirty days after the request is made shall
      be deemed to be a certification; and
        (B) eligible neighborhood development activities comply with
      all applicable provisions of the Civil Rights Act of 1964 (42
      U.S.C. 2000a et seq.).
      (6) To carry out this section, the Secretary -
        (A) may issue regulations as necessary;
        (B) shall utilize, to the fullest extent practicable, relevant
      research previously conducted by Federal agencies, State and
      local governments, and private organizations and persons;
        (C) shall disseminate information about the kinds of
      activities, forms of organizations, and fund-raising mechanisms
      associated with successful programs; and
        (D) may use not more than 5 per centum of the funds
      appropriated for administrative or other expenses in connection
      with the program.
    (f) Authorization
      Of the amounts made available for assistance under section 5303
    of this title, $1,000,000 for fiscal year 1993 (in addition to
    other amounts provided for such fiscal year) and $3,000,000 for
    fiscal year 1994 shall be available to carry out this section.
    (g) Short title
      This section may be cited as the ''John Heinz Neighborhood
    Development Act''.
 
-SOURCE-
    (Pub. L. 98-181, title I, Sec. 123, Nov. 30, 1983, 97 Stat. 1172;
    Pub. L. 98-479, title I, Sec. 101(b)(2), (3), Oct. 17, 1984, 98
    Stat. 2220; Pub. L. 100-242, title V, Sec. 521, 525, Feb. 5, 1988,
    101 Stat. 1938, 1939; Pub. L. 101-625, title IX, Sec. 915, Nov. 28,
    1990, 104 Stat. 4395; Pub. L. 102-550, title VIII, Sec. 832, Oct.
    28, 1992, 106 Stat. 3852; Pub. L. 105-362, title VII, Sec. 701(d),
    Nov. 10, 1998, 112 Stat. 3287.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Deposit Insurance Act, referred to in subsec.
    (a)(3)(A), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat. 873, as
    amended, which is classified generally to chapter 16 (Sec. 1811 et
    seq.) of Title 12, Banks and Banking. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1811 of Title 12 and Tables.
      The Federal Credit Union Act, referred to in subsec. (a)(3)(A),
    is act June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is
    classified generally to chapter 14 (Sec. 1751 et seq.) of Title 12.
    For complete classification of this Act to the Code, see section
    1751 of Title 12 and Tables.
      The Civil Rights Act of 1964, referred to in subsec. (e)(5)(B),
    is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
    classified principally to subchapters II to IX (Sec. 2000a et seq.)
    of chapter 21 of this title.  For complete classification of this
    Act to the Code, see Short Title note set out under section 2000a
    of this title and Tables.
 
-COD-
                                CODIFICATION
      Section was enacted as the John Heinz Neighborhood Development
    Act and also as part of the Housing and Urban-Rural Recovery Act of
    1983, the Domestic Housing and International Recovery and Financial
    Stability Act, and the Supplemental Appropriations Act, 1984, and
    not as part of the Housing and Community Development Act of 1974
    which comprises this chapter.
      Section was formerly set out as a note under section 5318 of this
    title.
 
-MISC3-
                                 AMENDMENTS
      1998 - Subsecs. (f) to (h). Pub. L. 105-362 redesignated subsecs.
    (g) and (h) as (f) and (g), respectively, and struck out former
    subsec. (f) which read as follows: ''The Secretary shall submit a
    report to the Congress, not later than 3 months after the end of
    each fiscal year in which payments are made under this section,
    regarding the program under this section.  The report shall contain
    a summary of the activities carried out under this section during
    such fiscal year and any findings, conclusions, and recommendations
    for legislation regarding the program.''
      1992 - Pub. L. 102-550, Sec. 832(b)(1), substituted ''John Heinz
    Neighborhood Development Program'' for ''Neighborhood Development
    Demonstration'' as section catchline.
      Subsec. (a)(2). Pub. L. 102-550, Sec. 832(d)(1)-(3), (4),
    redesignated subpars. (A) to (E) of par. (2) as cls. (i) to (v),
    respectively, of subpar. (A) of par. (2) and added subpar. (B).
      Subsec. (a)(2)(A)(iii). Pub. L. 102-550, Sec. 832(g)(1),
    substituted ''one year'' for ''three years''.
      Subsec. (a)(2)(A)(iv). Pub. L. 102-550, Sec. 832(e)(1), added cl.
    (iv) and struck out former cl. (iv) which read as follows: ''an
    organization that operates within an area that meets the
    requirements for Federal assistance under section 5318 of this
    title; and''.
      Subsec. (a)(3), (4). Pub. L. 102-550, Sec. 832(e)(2), (3), added
    par. (3) and redesignated former par. (3) as (4).
      Subsec. (b)(1). Pub. L. 102-550, Sec. 832(f)(1), inserted '', and
    from neighborhood development funding organizations,'' after
    ''neighborhoods''.
      Pub. L. 102-550, Sec. 832(b)(2), (3), struck out
    ''demonstration'' before ''program'' and substituted ''to support
    eligible'' for ''to determine the feasibility of supporting
    eligible''.
      Subsec. (b)(2). Pub. L. 102-550, Sec. 832(b)(2), (g)(2), struck
    out ''demonstration'' before ''program.'' and substituted ''For
    fiscal year 1993 and thereafter, not more than 50 percent'' for
    ''Not more than 30 per centum''.
      Subsec. (b)(3)(B). Pub. L. 102-550, Sec. 832(f)(2)(A), struck out
    ''and'' at end.
      Subsec. (b)(3)(C). Pub. L. 102-550, Sec. 832(f)(2)(B),
    substituted '', especially in cooperation with a neighborhood
    development funding organization, except that an eligible
    neighborhood development organization shall be deemed to have the
    full benefit of the cooperation of a neighborhood development
    funding organization if the eligible neighborhood development
    organization - '' and cls. (i) and (ii) for period at end.
      Subsec. (b)(3)(D). Pub. L. 102-550, Sec. 832(f)(2)(C), added
    subpar. (D).
      Subsec. (c)(3). Pub. L. 102-550, Sec. 832(f)(3), inserted before
    semicolon ''and by the extent of participation in the proposed
    activities by a neighborhood development funding organization that
    has a branch or office in the neighborhood, except that an eligible
    neighborhood development organization shall be deemed to have the
    full benefit of the participation of a neighborhood development
    funding organization if the eligible neighborhood development
    organization - '' and subpars. (A) and (B).
      Subsec. (e)(1). Pub. L. 102-550, Sec. 832(f)(4), inserted '', and
    from neighborhood development funding organizations,'' after
    ''neighborhood''.
      Subsec. (e)(3). Pub. L. 102-550, Sec. 832(b)(4), inserted before
    period '', except that, if appropriations for this section exceed
    $3,000,000, the Secretary may pay not more than $75,000 to any
    participating neighborhood development organization''.
      Subsec. (e)(5)(A). Pub. L. 102-550, Sec. 832(c), substituted
    ''comprehensive housing affordability strategy of such unit
    approved under section 12705 of this title or the statement of
    community development activities and community development plans of
    the unit submitted under section 5304(m) of this title'' for
    ''housing and community development plans of such unit''.
      Subsec. (e)(6)(C). Pub. L. 102-550, Sec. 832(b)(5)(A), inserted
    ''and'' after ''programs;''.
      Subsec. (e)(6)(D), (E). Pub. L. 102-550, Sec. 832(b)(5)(B)-(D),
    redesignated subpar. (E) as (D), substituted ''program'' for
    ''demonstration'', and struck out former subpar. (D) which read as
    follows: ''shall undertake any other activity the Secretary deems
    necessary to carry out this section, which shall include an
    evaluation and report to Congress on the demonstration and may
    include the performance of research, planning, and administration,
    either directly, or when in the Secretary's judgment such activity
    will be carried out more effectively, more rapidly, or at less
    cost, by contract or grant; and''.
      Subsec. (f). Pub. L. 102-550, Sec. 832(b)(6), added subsec. (f)
    and struck out former subsec. (f) which read as follows: ''The
    Secretary shall submit to the Congress -
        ''(1) not later than three months after the end of each fiscal
      year in which payments are made under this section, an interim
      report containing a summary of the activities carried out under
      this section during such fiscal year and any preliminary findings
      or conclusions drawn from the demonstration program; and
        ''(2) not later than March 15 of the year after the end of the
      last fiscal year in which such payments are made, a final report
      containing a summary of all activities carried out under this
      section, the evaluation required in subsection (e)(6)(D) of this
      section and any findings, conclusions, or recommendations for
      legislation drawn from the demonstration program.''
      Subsec. (g). Pub. L. 102-550, Sec. 832(a), amended subsec. (g)
    generally.  Prior to amendment, subsec. (g) read as follows: ''To
    the extent provided in appropriations Acts, of the amounts made
    available for assistance under section 5303 of this title,
    $2,000,000 for fiscal year 1991 and $2,000,000 for fiscal year 1992
    shall be available to carry out this section.''
      Subsec. (h). Pub. L. 102-550, Sec. 832(b)(7), added subsec. (h).
      1990 - Subsec. (g). Pub. L. 101-625 amended subsec. (g)
    generally.  Prior to amendment, subsec. (g) read as follows:
    ''There are authorized to be appropriated to carry out this section
    $2,000,000 for fiscal year 1988, and $2,000,000 for fiscal year
    1989.''
      1988 - Subsec. (e)(3). Pub. L. 100-242, Sec. 525, substituted
    ''under this section'' for ''under this Act''.
      Subsec. (g). Pub. L. 100-242, Sec. 521, amended subsec. (g)
    generally.  Prior to amendment, subsec. (g) read as follows: ''For
    purposes of carrying out this section, there are authorized to be
    appropriated not to exceed $2,000,000 for each of the fiscal years
    1984 and 1985.''
      1984 - Subsec. (b)(3)(A), (B). Pub. L. 98-479, Sec. 101(b)(2),
    substituted ''subsection (a)(1)'' for ''subsection (a)(4)''
    wherever appearing.
      Subsec. (c). Pub. L. 98-479, Sec. 101(b)(3), struck out ''(1)''
    before ''The Secretary shall award'' and redesignated subpars. (A)
    to (D) as pars. (1) to (4), respectively.
 
-CITE-
    42 USC Sec. 5319                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5319. Community participation in programs
 
-STATUTE-
      No community shall be barred from participating in any program
    authorized under this chapter solely on the basis of population,
    except as expressly authorized by statute.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 120, as added Pub. L. 95-557, title
    I, Sec. 103(i), Oct. 31, 1978, 92 Stat. 2084.)
 
-MISC1-
                               EFFECTIVE DATE
      Section effective Oct. 1, 1978, see section 104 of Pub. L.
    95-557, set out as an Effective Date of 1978 Amendment note under
    section 1709 of Title 12, Banks and Banking.
 
-CITE-
    42 USC Sec. 5320                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5320. Historic preservation requirements
 
-STATUTE-
    (a) Regulations
      With respect to applications for assistance under section 5318 of
    this title, the Secretary of the Interior, after consulting with
    the Secretary, shall prescribe and implement regulations concerning
    projects funded under section 5318 of this title and their
    relationship with -
        (1) ''An Act to establish a program for the preservation of
      additional historic properties throughout the Nation, and for
      other purposes'', approved October 14, 1966, as amended (16
      U.S.C. 470 et seq.); and
        (2) ''An Act to provide for the preservation of historical and
      archaeological data (including relics and specimens) which might
      otherwise be lost as a result of the construction of a dam'',
      approved June 27, 1960, as amended (16 U.S.C. 469 to 469c-1).
    (b) Actions by State historic preservation officer and Secretary of
        the Interior
      In prescribing and implementing such regulations with respect to
    applications submitted under section 5318 of this title which
    identify any property pursuant to subsection (c)(4)(B) of such
    section, the Secretary of the Interior shall provide at least that
    -
        (1) the appropriate State historic preservation officer (as
      determined in accordance with regulations prescribed by the
      Secretary of the Interior) shall, not later than 45 days after
      receiving information from the applicant relating to the
      identification of properties which will be affected by the
      project for which the application is made and which may meet the
      criteria established by the Secretary of the Interior for
      inclusion on the National Register of Historic Places (together
      with documentation relating to such inclusion), submit his or her
      comments, together with such other information considered
      necessary by the officer, to the applicant concerning such
      properties; and
        (2) the Secretary of the Interior shall, not later than 45 days
      after receiving from the applicant the information described in
      paragraph (1) and the comments submitted to the applicant in
      accordance with paragraph (1), make a determination as to whether
      any of the properties affected by the project for which the
      application is made is eligible for inclusion on the National
      Register of Historic Places.
    (c) Regulations by Advisory Council on Historic Preservation
        providing for expeditious action
      The Advisory Council on Historic Preservation shall prescribe
    regulations providing for expeditious action by the Council in
    making its comments under section 106 of the Act (16 U.S.C. 470f)
    referred to in subsection (a)(1) in the case of properties which
    are included on, or eligible for inclusion on, the National
    Register of Historic Places and which are affected by a project for
    which an application is made under section 5318 of this title.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 121, as added Pub. L. 96-399, title
    I, Sec. 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 97-35,
    title III, Sec. 308(b), Aug. 13, 1981, 95 Stat. 396.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      ''An Act to establish a program for the preservation of
    additional historic properties throughout the Nation, and for other
    purposes'', approved October 14, 1966, as amended, referred to in
    subsec. (a)(1), probably means Pub. L. 89-665, Oct. 15, 1966, 80
    Stat. 915, as amended, known as the National Historic Preservation
    Act, which is classified generally to subchapter II (Sec. 470 et
    seq.) of chapter 1A of Title 16, Conservation. For complete
    classification of this Act to the Code see section 470(a) of Title
    16 and Tables.
      ''An Act to provide for the preservation of historical and
    archaeological data (including relics and specimens) which might
    otherwise be lost as a result of the construction of a dam'',
    approved June 27, 1960, as amended, referred to in subsec. (a)(2),
    is Pub. L. 86-523, June 27, 1960, 74 Stat. 220, as amended, which
    enacted sections 469 to 469c-1 of Title 16. For complete
    classification of this Act, see Tables.
 
-MISC2-
                                 AMENDMENTS
      1981 - Subsec. (b). Pub. L. 97-35 substituted ''subsection
    (c)(4)(B)'' for ''subsection (c)(7)(B)''.
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-35 effective on effective date of
    regulations implementing such amendments, see section 308(c) of
    Pub. L. 97-35, set out as a note under section 5318 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 5318 of this title.
 
-CITE-
    42 USC Sec. 5321                                             01/05/99
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 69 - COMMUNITY DEVELOPMENT
 
-HEAD-
    Sec. 5321. Suspension of requirements for disaster areas
 
-STATUTE-
      For funds designated under this chapter by a recipient to address
    the damage in an area for which the President has declared a
    disaster under title IV of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5170 et seq.), the
    Secretary may suspend all requirements for purposes of assistance
    under section 5306 of this title for that area, except for those
    related to public notice of funding availability,
    nondiscrimination, fair housing, labor standards, environmental
    standards, and requirements that activities benefit persons of low-
    and moderate-income.
 
-SOURCE-
    (Pub. L. 93-383, title I, Sec. 122, as added Pub. L. 103-233, title
    II, Sec. 234, Apr. 11, 1994, 108 Stat. 369.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, referred to in text, is Pub. L. 93-288, May 22, 1974, 88 Stat.
    143, as amended.  Title IV of the Act is classified generally to
    subchapter IV (Sec. 5170 et seq.) of chapter 68 of this title.  For
    complete classification of this Act to the Code, see Short Title
    note set out under section 5121 of this title and Tables.
 
-MISC2-
                               EFFECTIVE DATE
      Section applicable with respect to any amounts made available to
    carry out subchapter II (Sec. 12721 et seq.) of chapter 130 of this
    title after Apr. 11, 1994, and any amounts made available to carry
    out that subchapter before that date that remain uncommitted on
    that date, with Secretary to issue any regulations necessary to
    carry out this section not later than end of 45-day period
    beginning on that date, see section 209 of Pub. L. 103-233, set out
    as an Effective Date of 1994 Amendment note under section 5301 of
    this title.


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