Notes on 42 U.S.C. § 5304 : US Code - Notes

Search Notes on 42 U.S.C. § 5304 : US Code - Notes

(Pub. L. 93-383, title I, Sec. 104, Aug. 22, 1974, 88 Stat. 638;
Pub. L. 95-128, title I, Secs. 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, Secs. 103(c), (g),
109(a), Dec. 21, 1979, 93 Stat. 1102, 1105; Pub. L. 96-399, title
I, Secs. 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, Secs.
302(b), (c)(1), (d)-(f), 309(d), Aug. 13, 1981, 95 Stat. 384, 386,
387, 396; Pub. L. 98-181, title I, Secs. 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, Secs.
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, Secs. 902(b), 905, 906, 922, Nov. 28, 1990,
104 Stat. 4385, 4387, 4402; Pub. L. 102-550, title VIII, Secs. 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; Pub. L.
108-186, title V, Sec. 501(c), Dec. 16, 2003, 117 Stat. 2697; Pub.
L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
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.
AMENDMENTS
2004 - Subsec. (f). Pub. L. 108-271 substituted "Government
Accountability Office" for "General Accounting Office" in two
places.
2003 - Subsec. (a)(1). Pub. L. 108-186, Sec. 501(c)(1), in first
sentence, struck out "or" after "State," and inserted "or under
section 5306(a)(3) of this title by any insular area," after
"government,", and, in second sentence, substituted a comma for
"and in the case of" before "units" and inserted "and insular areas
receiving grants pursuant to section 5306(a)(3) of this title,"
after "section 5306(d)(2)(B) of this title,".
Subsec. (e)(1). Pub. L. 108-186, Sec. 501(c)(2), substituted
"subsection (a)(3), (b), or (d)(2)(B) of section 5306 of this
title" for "section 5306(b) or section 5306(d)(2)(B) of this
title".
Subsec. (m)(1). Pub. L. 108-186, Sec. 501(c)(3)(A), inserted
"(a)(2)," after "under subsection".
Subsec. (m)(2). Pub. L. 108-186, Sec. 501(c)(3)(B), substituted
"government other than an insular area" for "government" in
introductory provisions.
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, Secs. 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, Secs. 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 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.