Notes on 42 U.S.C. § 5301 : US Code - Notes

Search Notes on 42 U.S.C. § 5301 : US Code - Notes

(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, Secs. 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.)
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.
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 former 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 2003 AMENDMENT
Pub. L. 108-146, Sec. 1, Dec. 3, 2003, 117 Stat. 1883, provided
that: "This Act [amending section 5305 of this title] may be cited
as the 'Tornado Shelters Act'."
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 (Secs. 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 former 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 former
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
former 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 former 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 former 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 former 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 former 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 3331 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."