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Title 42--the Public Health and Welfare Chapter 69--community Development, Sec 5305 Annotations

Amendment of Subsection (a)(23) to (25)

Section 907(b)(2) of Pub. L. 101-625, as amended by Pub. L. 102- 550, title VIII, Sec. 807(b), Oct. 28, 1992, 106 Stat. 3848, provided that, effective Oct. 1, 1995, subsection (a) of this section is amended (A) in paragraph (23), by inserting "and" at the end; (B) in paragraph (24), by striking "; and" at the end and inserting a period; and (C) by striking paragraph (25). See Effective Date of 1990 Amendment note below. 

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 (a)(13)(B), was repealed by Pub.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 (a)(15), was repealed by Pub.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 (a)(18), was repealed by Pub.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. 

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". 

Amendments

2000--Subsec. (a)(8). Pub. L. 106-377, Sec. 224, substituted ‘‘1993 through 2001 to the City of Los Angeles’’ for "1993 through 1999 to the City of Los Angeles".

1998--Subsec. (a)(8). Pub. L. 105-276, Sec. 218, removed '1998' and inserted '1999'. Subsec. (a)(8). Pub.L. 105-276, Sec 232 removed 'fiscal year 1994' and all that follows through the end of the paragraph and inserted the following: '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;'. Subsec.(h). Pub.L. 105-276, Sec. 588, adds a new subsection (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) to (25). Pub. L. 102-550, Sec. 807(a)(2)-(4), added pars. (22) to (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).

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 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 Amendment

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.

 

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.

 

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.

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