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HUD   >   Program Offices   >   Community Planning and Development   >   Community Development   >   Community Development Laws and Regulations   >   Title 42--The Public Health and Welfare Chapter 69--Community Development   >   TITLE 42--the public health and welfare Chapter 69--community development, sec 5307 annotations

TITLE 42--the public health and welfare Chapter 69--community development, sec 5307 annotations

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 (b)(4), was repealed by Pub.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 (e)(1), was repealed by Pub.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.

Amendments

2000- Subsec. (a)(1)(G). Pub. L. 106-569, Sec. 102(f)(1), inserted "and" after the semicolon at the end of subparagraph (G). Subsec. (a)(1)(H). Pub. L. 106-569, Sec102(f)(2) removed subparagraph (H) and Pub.L 106-569, Sec. 102(f)(3) renamed subparagraph (I) as subparagraph (H).

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."

 

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.

 

Community Outreach Partnership

Section 851 of Pub. L. 102-550 provided that:

  1. "Short Title.--This section may be cited as the 'Community Outreach Partnership Act of 1992'.
     
  2. "Purpose.--The Secretary shall carry out, in accordance with this section, a 5-year demonstration program to determine the feasibility of facilitating partnerships between institutions of higher education and communities to solve urban problems through research, outreach, and the exchange of information.
     
  3. "Grant Program.--
    1. "In general.--The Secretary is authorized to make grants to public and private nonprofit institutions of higher education to assist in establishing or carrying out research and outreach activities addressing the problems of urban areas.
    2. "Use of grants.--Grants under this Act [section] shall be used to establish and operate Community Outreach Partnership Centers (hereafter in this section referred to as 'Centers') which shall--
      1. "conduct competent and qualified research and investigations on theoretical or practical problems in large and small cities; and
         
      2. "facilitate partnerships and outreach activities between institutions of higher education, local communities, and local governments to address urban problems.
         
    3. "Specific problems.--Research and outreach activities assisted under this Act [section] shall 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.
       
  4. "Application.--Any public or private nonprofit institution of higher education may submit an application for a grant under this section in such form and containing such information as the Secretary may require by regulation.
     
  5. "Selection Criteria.--
    1. "In general.--The Secretary shall select recipients of grants under this section on the basis of the following criteria:
      1. "The demonstrated research and outreach resources available to the applicant for carrying out the purposes of this section.
         
      2. "The capability of the applicant to provide leadership in solving community problems and in making national contributions to solving long-term and immediate urban problems.
         
      3. "The demonstrated commitment of the applicant to supporting urban research and outreach programs by providing matching contributions for any Federal assistance received.
         
      4. "The demonstrated ability of the applicant to disseminate results of research and successful strategies developed through outreach activities to other Centers and communities served through the demonstration program.
         
      5. "The projects and activities that the applicant proposes to carry out under the grant.
         
      6. "The effectiveness of the applicant's strategy to provide outreach activities to communities.
         
      7. "The extent of need in the communities to be served by the Centers.
         
      8. "Other criteria deemed appropriate by the Secretary
    2. "Preference.--The Secretary shall give preference to institutions of higher education that undertake research and outreach activities by bringing together knowledge and expertise in the various social science and technical disciplines that relate to urban problems.
       
  6. " Federal Shares.--The Federal share of a grant under this section shall not be more than--
    1. "50 percent of the cost of establishing and operating a Center's research activities; and
       
    2. "75 percent of the cost of establishing and operating a Center's outreach activities
       
  7. "Non-Federal Shares.--The non-Federal share of a grant may include cash, or the value of non-cash contributions, equipment, or other in-kind contributions deemed appropriate by the Secretary.
     
  8. "Responsibilities.--A Center established under this section shall--
    1. "employ the research and outreach resources of its sponsoring institution of higher education to solve specific urban problems identified by communities served by the Center;
       
    2. "establish outreach activities in areas identified in the grant application as the communities to be served;
       
    3. "establish a community advisory committee comprised of representatives of local institutions and residents of the communities to be served to assist in identifying local needs and advise on the development and implementation of strategies to address those issues;
       
    4. "coordinate outreach activities in communities to be served by the Center;
       
    5. "facilitate public service projects in the communities served by the Center;
       
    6. "act as a clearinghouse for the dissemination of information;
       
    7. "develop instructional programs, convene conferences, and provide training for local community leaders, when appropriate; and
       
    8. "exchange information with other Centers.
       
  9. "National Advisory Council.--
    1. "Establishment.--The Secretary shall establish a national advisory council (hereafter in this section referred to as the 'council') to--
      1. "disseminate the results of research and outreach activities carried out under this section;
         
      2. "act as a clearinghouse between grant recipients and other institutions of higher education; and
         
      3. "review and evaluate programs carried out by grant recipients.
    2. "Members.--The council shall be composed of 12 members to be appointed by the Secretary as follows--
      1. "3 representatives of State and local governments;
         
      2. "3 representatives of institutions of higher education that receive grants under this section;
         
      3. "3 individuals or representatives of organizations that possess significant expertise in urban issues; and "(D) 3 representatives from community advisory committees created pursuant to this section.
    3. "Vacancies.--A vacancy in the membership of the council shall be filled in the manner in which the original appointment was made.
       
    4. "Compensation.--Members of the council shall serve without pay.
       
    5. "Chairman.--The council shall elect a member to serve as chairperson of the council.
       
    6. "Meetings.--The council shall meet at least biannually and at such other times as the chairman may designate.
       
  10. "National Clearinghouse.--The Secretary shall establish a national clearinghouse to disseminate information resulting from the research and successful outreach activities developed through the Centers to grant recipients and other interested institutions of higher education.
     
  11. "Authorizations.--The sums set aside by section 107 of the Housing and Community Development Act of 1974
    [42 U.S.C. 5307]
    for the purpose of this section shall be available--
    1. "to enable Centers to carry out research and outreach activities;
       
    2. "to establish and operate the national clearinghouse to be established under subsection (j).
  12. "Reporting.--
    1. "In general.--The Secretary of Housing and Urban Development shall submit an annual report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs [now Committee on Banking and Financial Services] of the House of Representatives.
       
    2. "Contents.--The report under paragraph (1) shall contain a summary of the activities carried out under this section during the preceding fiscal year, and findings and conclusions drawn from such activities."

    Section Referred to in Other Sections

    This section is referred to in sections 5306, 5308, 12705c of this title; title 26 section 42.

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