Notes on 42 U.S.C. § 5306 : US Code - Notes

Search Notes on 42 U.S.C. § 5306 : US Code - Notes

(Pub. L. 93-383, title I, Sec. 106, Aug. 22, 1974, 88 Stat. 642;
Pub. L. 95-128, title I, Sec. 106, Oct. 12, 1977, 91 Stat. 1117;
Pub. L. 96-153, title I, Sec. 103(d), (e), Dec. 21, 1979, 93 Stat.
1102; Pub. L. 96-399, title I, Secs. 102, 103, 111(d)-(g), 112,
Oct. 8, 1980, 94 Stat. 1615, 1621, 1622; Pub. L. 97-35, title III,
Secs. 304, 309(h), Aug. 13, 1981, 95 Stat. 388, 396; Pub. L. 98-
181, title I, Sec. 106, Nov. 30, 1983, 97 Stat. 1164; Pub. L. 98-
479, title I, Sec. 101(a)(10)-(12), Oct. 17, 1984, 98 Stat. 2219,
2220; Pub. L. 100-242, title V, Secs. 512, 513, 517(b)(1), Feb. 5,
1988, 101 Stat. 1930, 1936; Pub. L. 100-628, title X, Sec. 1082(b),
(c), Nov. 7, 1988, 102 Stat. 3277; Pub. L. 101-235, title VII, Sec.
702(b), Dec. 15, 1989, 103 Stat. 2056; Pub. L. 101-625, title IX,
Secs. 913(b), 933, Nov. 28, 1990, 104 Stat. 4392, 4403; Pub. L. 102-
550, title VIII, Secs. 802(b), 808, 811, title XII, Sec. 1204(i),
Oct. 28, 1992, 106 Stat. 3845, 3850, 3940; Pub. L. 108-186, title
V, Sec. 501(d), (e), Dec. 16, 2003, 117 Stat. 2697; Pub. L. 108-
199, div. G, title IV, Sec. 423, Jan. 23, 2004, 118 Stat. 416.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), is Pub. L. 93-383, Aug.
22, 1974, 88 Stat. 633, as amended, known as the Housing and
Community Development Act of 1974. For complete classification of
this Act to the Code, see Short Title note set out under section
5301 of this title and Tables.
The Department of Housing and Urban Development - Related
Agencies Appropriation Act, 1981, referred to in subsecs. (c)(2)
and (d)(2)(A), is Pub. L. 96-526, Dec. 15, 1980, 94 Stat. 3044. For
complete classification of this Act to the Code, see Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, referred to in subsec. (c)(4)(A), (C), is Pub. L. 93-288, May
22, 1974, 88 Stat. 143, as amended, which is classified principally
to chapter 68 (Sec. 5121 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 5121 of this title and Tables.
This subparagraph, referred to in subsec. (d)(1), probably should
be a reference to this paragraph, meaning par. (1) of subsec. (d)
of this section.
Section 1437o of this title and section 1706e of title 12,
referred to in subsec. (d)(3)(A), was repealed by Pub. L. 101-625,
title II, Sec. 289(b), Nov. 28, 1990, 104 Stat. 4128.
The Civil Rights Act of 1964, referred to in subsec. (d)(7)(B),
is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
classified principally to subchapters II to IX (Sec. 2000a et seq.)
of chapter 21 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a
of this title and Tables.
The Fair Housing Act, referred to in subsec. (d)(7)(B), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,
which is classified principally to subchapter I (Sec. 3601 et seq.)
of chapter 45 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 3601 of
this title and Tables.
CODIFICATION
In subsecs. (c)(2) and (d)(2)(A), "October 1, 1981" substituted
for "the effective date of the Housing and Community Development
Amendments of 1981" meaning the effective date of subtitle A of
title III of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 384, which was
generally effective Oct. 1, 1981. See Effective Date of 1981
Amendment note below.
AMENDMENTS
2004 - Subsec. (d)(3)(A). Pub. L. 108-199, Sec. 423(1),
substituted "shall not, subject to paragraph (6), exceed 3 percent"
for "shall not exceed 2 percent".
Subsec. (d)(5). Pub. L. 108-199, Sec. 423(3), redesignated par.
(5), relating to prohibition of distributions to units of general
local government without certifications, as (7).
Pub. L. 108-199, Sec. 423(2), substituted "subject to paragraph
(6), not to exceed 3 percent" for "not to exceed 1 percent" in par.
(5), relating to State deductions for technical assistance.
Subsec. (d)(6). Pub. L. 108-199, Sec. 423(4), added par. (6).
Former par. (6) redesignated (8).
Subsec. (d)(7), (8). Pub. L. 108-199, Sec. 423(3), redesignated
pars. (5), relating to prohibition of distributions to units of
general local government without certifications, and (6) as pars.
(7) and (8), respectively.
2003 - Subsec. (a)(1). Pub. L. 108-186, Sec. 501(d)(1), in first
sentence, substituted "appropriation Acts" for "an appropriation
Act" and "for such fiscal year" for "in any year".
Subsec. (a)(2). Pub. L. 108-186, Sec. 501(d)(5), added par. (2).
Former par. (2) redesignated (3).
Pub. L. 108-186, Sec. 501(d)(2), inserted "under paragraph (1)
and after reserving such amounts for insular areas under paragraph
(2)" after "tribes".
Subsec. (a)(3). Pub. L. 108-186, Sec. 501(d)(4), redesignated
par. (2) as (3). Former par. (3) redesignated (4).
Pub. L. 108-186, Sec. 501(d)(3), substituted "paragraphs (1),
(2), and (3)" for "paragraphs (1) and (2)".
Subsec. (a)(4). Pub. L. 108-186, Sec. 501(d)(4), redesignated
par. (3) as (4).
Subsec. (d)(1). Pub. L. 108-186, Sec. 501(e), substituted
"paragraphs (1), (2), and (3)" for "paragraphs (1) and (2)" in
first sentence.
1992 - Subsec. (d)(1). Pub. L. 102-550, Sec. 1204(i), in first
sentence, substituted "that remains after allocations pursuant to
paragraphs (1) and (2) of subsection (a) of this section" for "for
grants in any year (excluding the amounts provided for use in
accordance with subsection (a)(1) and (2) of this section)".
Subsec. (d)(4). Pub. L. 102-550, Sec. 802(b), added par. (4).
Subsec. (d)(5). Pub. L. 102-550, Sec. 811, added par. (5)
relating to State deductions for technical assistance.
Subsec. (d)(5)(B). Pub. L. 102-550, Sec. 808, substituted "the
Civil Rights Act of 1964 and the Fair Housing Act" for "Public Law
88-352 and Public Law 90-284".
1990 - Subsec. (a). Pub. L. 101-625, Sec. 913(b)(1)(B), added
subsec. (a) and struck out former subsec. (a) which read as
follows: "Of the amount approved in an appropriation Act under
section 5303 of this title for grants in any year (excluding the
amounts provided for use in accordance with section 5307 of this
title and section 5318 of this title), 70 per centum shall be
allocated by the Secretary to metropolitan cities and urban
counties and Indian tribes. Except as otherwise specifically
authorized, each metropolitan city and urban county shall be
entitled to an annual grant from such allocation in an amount not
exceeding its basic amount computed pursuant to paragraph (1) or
(2) of subsection (b) of this section Indian tribes shall receive
grants from such allocation pursuant to subsection (b)(7) of this
section."
Subsec. (b)(1), (2). Pub. L. 101-625, Sec. 913(b)(2), substituted
"The" for "After taking into account the set-aside for Indian
tribes under paragraph (7), the" in introductory provisions of
pars. (1) and (2).
Subsec. (b)(7). Pub. L. 101-625, Sec. 913(b)(1)(A), struck out
par. (7), which read as follows:
"(A) For each fiscal year, the Secretary shall reserve for grants
to Indian tribes, from amounts approved in appropriation Acts under
section 5303 of this title for grants for the year under subsection
(a) of this section, not more than 1 percent of the amounts
appropriated under such section.
"(B) The Secretary shall provide for distribution of amounts
under this paragraph to Indian tribes on the basis of a competition
conducted pursuant to specific criteria for the selection of Indian
tribes to receive such amounts. The criteria shall be contained in
a regulation promulgated by the Secretary after notice and public
comment."
Subsec. (c)(1). Pub. L. 101-625, Sec. 933(1), substituted
"paragraphs (2) and (4)" for "paragraph (2)" in introductory
provisions.
Subsec. (c)(4). Pub. L. 101-625, Sec. 933(2), added par. (4).
Subsec. (d)(1). Pub. L. 101-625, Sec. 913(b)(3), substituted
"subsection (a)(1) and (2) of this section" for "section 5307 of
this title and section 5318 of this title" in introductory
provisions.
1989 - Subsec. (a). Pub. L. 101-235, Sec. 702(b)(1), inserted
"and Indian tribes" after "urban counties" in first sentence and
inserted "Indian tribes shall receive grants from such allocation
pursuant to subsection (b)(7) of this section" before period at end
of second sentence.
Subsec. (b)(1). Pub. L. 101-235, Sec. 702(b)(2), substituted
"After taking into account the set-aside for Indian tribes under
paragraph (7), the" for "The".
Subsec. (b)(2). Pub. L. 101-235, Sec. 702(b)(3), substituted
"After taking into account the set-aside for Indian tribes under
paragraph (7), the" for "The".
Subsec. (b)(7). Pub. L. 101-235, Sec. 702(b)(4), added par. (7).
Subsec. (d)(4). Pub. L. 101-235, Sec. 702(b)(5), struck out par.
(4) which excluded Indian tribes in computing amounts under par.
(1).
1988 - Subsec. (c)(1). Pub. L. 100-628, Sec. 1082(b), substituted
"subsection (a), (b), (c), or (d) of section 5304" for "section
5304(a), (b), or (c)" in introductory provisions and substituted
"section 5304(e)" for "section 5304(d)" in introductory provisions
and in subpar. (B).
Subsec. (d)(2)(C). Pub. L. 100-242, Sec. 512(1), substituted "the
State must certify that it" for "the Governor must certify that the
State".
Subsec. (d)(2)(D). Pub. L. 100-242, Sec. 512(2), substituted "the
State" for "the Governor of each State".
Subsec. (d)(3)(A). Pub. L. 100-242, Sec. 517(b)(1), inserted "its
administrative expenses under section 1706e of title 12" after
first reference to "such expenses", and "under this chapter" after
second reference to "such expenses".
Pub. L. 100-242, Sec. 513, substituted "$100,000" for "$102,000"
after "the sum of".
Subsec. (d)(3)(C). Pub. L. 100-628, Sec. 1082(c), substituted
"subsection (a), (b), or (d) of section 5304" for "subsection (a)
or (b) of section 5304" and "section 5304(e)" for "section
5304(d)".
Subsec. (d)(3)(D). Pub. L. 100-628, Sec. 1082(c)(2), substituted
"section 5304(e)" for "section 5304(d)".
1984 - Subsec. (d)(2)(A). Pub. L. 98-479, Sec. 101(a)(10)(A),
substituted "the State" for "a State that has elected, in such
manner and at such time as the Secretary shall prescribe" in
provisions preceding cl. (i).
Subsec. (d)(2)(A)(i). Pub. L. 98-479, Sec. 101(a)(10)(B),
substituted "a State that has elected, in such manner and at such
time as the Secretary shall prescribe, to distribute such amounts"
for "the State".
Subsec. (d)(3)(A). Pub. L. 98-479, Sec. 101(a)(11)(A), inserted
"or section 1437o(e)(1) of this title".
Subsec. (d)(3)(C). Pub. L. 98-479, Sec. 101(a)(11)(B), inserted
"or to make the certifications required in subparagraphs (C) and
(D) of paragraph (2)".
Subsec. (d)(5)(D)(ii). Pub. L. 98-479, Sec. 101(a)(12),
substituted "moderate" for "low and moderate income who are not
persons of very low" before "income, the grantee certifies".
1983 - Subsec. (b)(6). Pub. L. 98-181, Sec. 106(a), added par.
(6).
Subsec. (c)(1)(B). Pub. L. 98-181, Sec. 106(b), substituted "a
city or county against whom any such action was taken in a fiscal
year shall be excluded from a calculation of share for purposes of
reallocating in the succeeding year," for "the city or county
against whom any such action was taken shall be excluded from the
calculation of shares for purposes of reallocating".
Subsec. (c)(3). Pub. L. 98-181, Sec. 106(c), added par. (3).
Subsec. (d)(2)(A). Pub. L. 98-181, Sec. 106(d)(1), substituted "a
State that has elected, in such manner and at such time as the
Secretary shall prescribe" for "the State" in provisions preceding
cl. (i), and inserted, following cl. (ii), "Any election to
distribute funds made after the close of fiscal year 1984 is
permanent and final."
Subsec. (d)(2)(B). Pub. L. 98-181, Sec. 106(d)(2), substituted
provisions requiring the Secretary to distribute amounts allocated
under par. (1) if the State has not elected to distribute such
amounts, for provisions which required the Secretary to distribute
such amounts where the State had elected, in such manner and before
such time as prescribed by the Secretary, not to distribute such
amounts, or the State had failed to submit the certifications
described in subpar. (C).
Subsec. (d)(2)(C)(iii). Pub. L. 98-181, Sec. 106(e), amended cl.
(iii) generally, substituting provisions requiring certification by
the Governor that the State will not refuse to distribute funds to
any local government unit on the basis of the particular activity
selected to meet its community development needs, except that a
State may establish priorities in distributing such amounts, for
provisions requiring the Governor to certify that the State would
provide funds for community development activities in an amount of
at least 10 per centum of the amounts allocated for use in the
State pursuant to par. (1).
Subsec. (d)(2)(D). Pub. L. 98-181, Sec. 106(f), added subpar.
(D).
Subsec. (d)(3)(A). Pub. L. 98-181, Sec. 106(g), substituted
provisions that the State may deduct an amount to cover such
expenses not to exceed the sum of $102,000 plus 50 percent of any
such expenses in excess of $100,000, and that the amounts deducted
in excess of $100,000 shall not exceed 2 percent of the amount so
received, for provisions that the State could deduct an amount not
to exceed 50 per centum of the costs incurred by the State in
carrying out such responsibilities, and that amounts so deducted
could not exceed 2 per centum of the amount so received.
Subsec. (d)(3)(C), (D). Pub. L. 98-181, Sec. 106(h), amended
subpar. (C) generally, substituting provisions requiring that
amounts which are to be reallocated because of failure to meet
requirements of section 5304(a), (b) of this title or because of
action under section 5304(d) or 5311 of this title be added to
amounts allocated to all States for the succeeding fiscal year for
provisions that amounts reallocated because of action under section
5304(d) or section 5311 of this title were to be added to amounts
available for distribution in the State in the same fiscal year, in
the case of actions against units of general local government, or
to amounts available for distribution in the succeeding fiscal
year, in the case of action against the State, and struck out
provision for distribution of such funds by either the State or the
Secretary and adding subpar. (D).
Subsec. (d)(5), (6). Pub. L. 98-181, Sec. 106(i), added pars. (5)
and (6).
Subsec. (f). Pub. L. 98-181, Sec. 106(j), amended subsec. (f)
generally, substituting provisions for pro rata reduction of all
amounts determined under subsec. (b) in the event of a deficiency
for provisions for reduction of all basic grant entitlement funds
provided pursuant to this section in the event of a deficiency, and
inserted provision for distribution of excess amounts.
1981 - Subsec. (a). Pub. L. 97-35, Sec. 304(a), substituted
provisions relating to amounts allocated to metropolitan areas and
urban counties and limitations on amount of annual grants for
provisions relating to amounts allocated to metropolitan areas,
annual grants for metropolitan cities and urban counties, and
limitations.
Subsec. (b)(4). Pub. L. 97-35, Sec. 309(h), substituted provision
respecting assistance under subsec. (d) of this section for
provision respecting grants under subsec. (c) or (e) of this
section.
Subsec. (c). Pub. L. 97-35, Sec. 304(b), (c), redesignated
subsec. (d) as (c) and substituted provisions relating to
reallocation of undistributed funds within same metropolitan area
as original allocation, for provisions relating to reallocation of
amounts allocated to metropolitan cities, urban counties, and
metropolitan areas for use by States, metropolitan cities, etc.
Former subsec. (c), which related to additional allocations of
amount allocated to metropolitan areas and added amounts for grants
for metropolitan cities, urban counties, specified units of general
local government, and States, was struck out.
Subsec. (d). Pub. L. 97-35, Sec. 304(b), (d), (e), redesignated
subsec. (e) as (d) and substituted provisions relating to
allocation among nonentitlement areas, amount and calculation of
grants, distributions, certifications, etc., for provisions
relating to amounts allocated to units of general local government
of metropolitan areas and States, calculations, multiyear
commitments, annual grants, reallocation of amounts to
nonmetropolitan areas of other States, and review by Secretary.
Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 97-35, Sec. 304(b), redesignated subsec. (f)
as (e). Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 97-35, Sec. 304(b), (f), redesignated
subsec. (g) as (f) and substituted "all basic grant entitlement
amounts" for "(1) all basic grant entitlement amounts, and (2)
funds available under subsection (c) of this section (including
amounts provided for use under section 5303(a)(2) of this title)
and subsection (e) of this section". Former subsec. (f)
redesignated (e).
1980 - Subsec. (a). Pub. L. 96-399, Sec. 111(e), substituted
"subsection (d) of this section" for "subsections (c) and (e) of
this section", struck out "aggregate" after "allocation in an",
"the greater of" after "not exceeding", and "or its hold-harmless
amount computed pursuant to subsection (g) of this section" after
"subsection (b) of this section".
Subsec. (b)(4). Pub. L. 96-399, Sec. 103, substituted "the
populations of which are not counted in determining the eligibility
of the urban county to receive a grant under this subsection,
except that there shall be included any independent city (as
defined by the Bureau of the Census) which - " for "(A) which are
entitled to hold-harmless grants pursuant to subsection (h) of this
section, or (B) the populations of which are not counted in
determining the eligibility of the urban county to receive a grant
under this subsection", and added subpars. (A) to (E) and provision
following subpar. (E).
Subsec. (c). Pub. L. 96-399, Sec. 111(d), (f), redesignated
former subsec. (d) as (c) and struck out in par. (1) "allocated by
the Secretary, first, for grants to metropolitan cities, urban
counties, and other units of general local government within
metropolitan areas to meet their hold-harmless needs as determined
under subsections (g) and (h), and second, in accordance with the
provisions of paragraph (2)" after "section 5303(a)(2) of this
title", struck out "(2) Any portion of such amounts which remains
after applying the provision of paragraph (1) shall be" before
"utilized by the Secretary", redesignated former par. (3) as (2)
and in par. (2) as so redesignated, substituted "paragraph (1)" for
"paragraph (2)" wherever appearing, struck out "In determining
whether to make such a commitment to a unit of general local
government, the Secretary shall give special consideration to those
communities presently carrying out comprehensive community
development programs which are subject to the provisions of
subsection (h)(2), before making new commitments." after
"availability of appropriations.", and substituted "and Indian
tribes" for "Indian tribes, and units of general local government
which are entitled to hold-harmless grants pursuant to subsection
(h) of this section". Former subsec. (c), relating to adjustment of
amounts for metropolitan cities and urban counties, was struck out.
Subsec. (d). Pub. L. 96-399, Secs. 111(d), 112, redesignated
former subsec. (e) as (d) and inserted provisions relating to
preferences for units of general local government in the same
metropolitan area. Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 96-399, Sec. 111(d), (g), redesignated
former subsec. (f) as (e) and in par. (1) struck out "allocated by
the Secretary - (A) first, for grants to units of general local
government outside of metropolitan areas to meet their hold-
harmless needs as determined under subsection (h) of this section;
and (B) second, any portion of such amount which remains after
applying the provisions of subparagraph (A) shall be" after "20 per
centum shall be", redesignated former cls. (1)(B)(i) and (ii) as
(1)(A) and (B), respectively, redesignated former subcls.
(1)(B)(i)(I) to (III) and (1)(B)(ii)(I) to (III) as (1)(A)(i) to
(iii) and (1)(B)(i) to (iii), respectively, substituted
"subparagraph (A)" for "clause (i) of subparagraph (B)" and
"subparagraph (B)" for "clause (ii) of subparagraph (B)",
substituted "allocated under this paragraph" for "allocated under
subparagraph (B)", substituted "such paragraph" for "such
subparagraph" wherever appearing, in par. (2) struck out "In
determining whether to make such a commitment to a unit of general
local government, the Secretary shall give special consideration to
those communities presently carrying out comprehensive community
development programs, which are subject to the provisions of
subsection (h)(2) of this section, before making new commitments."
after "availability of appropriations.", substituted "paragraph
(1)" for "paragraph (1)(B)" wherever appearing, struck out "units
of general local government which are entitled to hold-harmless
grants pursuant to subsection (h) of this section and" after "shall
be excluded", and in par. (3) substituted "paragraph (1)" for
"paragraph (1)(B)". Former subsec. (e) was redesignated as (d).
Subsec. (f). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
(k) as (f). Former subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 96-399, Secs. 102, 111(d), redesignated
subsec. (m) as (g) and substituted "any fiscal year" for "fiscal
year 1978, fiscal year 1979, or fiscal year 1980", struck out "and
hold-harmless" after "all basic grant" in two places, and
substituted "subsection (c)" for "subsection (d)(2)" and
"subsection (e)" for "subsection (f)(1)(B)". Former subsec. (g),
relating to hold-harmless amounts for metropolitan cities and urban
counties, was struck out.
Subsec. (h). Pub. L. 96-399, Sec. 111(d), struck out subsec. (h)
which related to hold-harmless grants to units of general local
government not metropolitan cities or urban counties.
Subsec. (i). Pub. L. 96-399, Sec. 111(d), struck out subsec. (i)
which related to percentages excluded from data in computation of
hold-harmless grants for units of general local government.
Subsec. (j). Pub. L. 96-399, Sec. 111(d), struck out subsec. (j)
which related to waiver of eligibility by units of general local
government for hold-harmless grants.
Subsec. (k). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
(k) as (f).
Subsec. (l). Pub. L. 96-399, Sec. 111(d), struck out subsec. (l)
which related to reports to Congress with respect to adequacy and
effectiveness of formula for allocation of funds.
Subsec. (m). Pub. L. 96-399, Sec. 111(d), redesignated subsec.
(m) as (g).
1979 - Subsec. (b)(5). Pub. L. 96-153, Sec. 103(e), added par.
(5).
Subsec. (m). Pub. L. 96-153, Sec. 103(d), inserted reference to
fiscal year 1980.
1977 - Subsec. (a). Pub. L. 95-128, Sec. 106(a), substituted in
second sentence reference to pars. "(1) or (2)" for pars. "(2) or
(3)" of subsec. (b) of this section.
Subsec. (b)(1). Pub. L. 95-128, Sec. 106(b), added par. (1), and
struck out former par. (1) provisions stating that "The Secretary
shall determine the amount to be allocated to all metropolitan
cities which shall be an amount that bears the same ratio to the
allocation for all metropolitan areas as the average of the ratios
between -
"(A) the population of all metropolitan cities and the
population of all metropolitan areas;
"(B) the extent of poverty in all metropolitan cities and the
extent of poverty in all metropolitan areas; and
"(C) the extent of housing overcrowding in all metropolitan
cities and the extent of housing overcrowding in all metropolitan
areas.", now incorporated in this paragraph.
Subsec. (b)(2). Pub. L. 95-128, Sec. 106(b), added par. (2) and
struck out former par. (2) provisions declaring that "From the
amount allocated to all metropolitan cities the Secretary shall
determine for each metropolitan city a basic grant amount which
shall equal an amount that bears the same ratio to the allocation
for all metropolitan cities as the average of the ratios between -
"(A) the population of that city and the population of all
metropolitan cities;
"(B) the extent of poverty in that city and the extent of
poverty in all metropolitan cities; and
"(C) the extent of housing overcrowding in that city and the
extent of housing overcrowding in all metropolitan cities.", now
incorporated in subsec. (b)(1) of this section.
Subsec. (b)(3). Pub. L. 95-128, Sec. 106(b), added par. (3) and
struck out former par. (3) provisions for determination of basic
grant amount of each urban county, now covered in subsec. (b)(2) of
this section and formerly providing that "The Secretary shall
determine the basic grant amount of each urban county by -
"(A) calculating the total amount that would have been
allocated to metropolitan cities and urban counties together
under paragraph (1) of this subsection if data pertaining to the
population, extent of poverty, and extent of housing overcrowding
in all urban counties were included in the numerator of each of
the fractions described in such paragraph; and
"(B) determining for each county the amount which bears the
same ratio to the total amount calculated under subparagraph (A)
of this paragraph as the average of the ratios between -
"(i) the population of that urban county and the population
of all metropolitan cities and urban counties;
"(ii) the extent of poverty in that urban county and the
extent of poverty in all metropolitan cities and urban
counties; and
"(iii) the extent of housing overcrowding in that urban
county and the extent of housing overcrowding in all
metropolitan cities and urban counties."
Subsec. (b)(4), (5). Pub. L. 95-128, Sec. 106(b), (c), struck out
par. "(4) In determining the average of ratios under paragraphs
(1), (2), and (3), the ratio involving the extent of poverty shall
be counted twice.", now incorporated in par. (3), redesignated par.
(5) as (4), and substituted "are entitled to" for "receive".
Subsec. (c). Pub. L. 95-128, Sec. 106(d), in first sentence,
substituted "With respect to funds approved for distribution to a
metropolitan city or urban county under this section during fiscal
years 1975, 1976, and 1977" for "During the first three years for
which funds are approved for distribution to a metropolitan city or
urban county under this section" and inserted "only for such funds
approved for distribution in fiscal years 1975, 1976, and 1977"
after "adjusted".
Subsec. (d). Pub. L. 95-128, Sec. 106(e), incorporated existing
introductory text and provisions of former par. (1) in provisions
now designated par. (1); added par. (2), incorporating provisions
of former par. (2) respecting additional allocations by the
Secretary "for grants to units of general local government (other
than metropolitan cities and urban counties) and States for use in
metropolitan areas, allocating for each such metropolitan area an
amount which bears the same ratio to the allocation for all
metropolitan areas available under this paragraph as the average of
the ratios between -
"(A) the population of that metropolitan area and the
population of all metropolitan areas,
"(B) the extent of poverty in that metropolitan area and the
extent of poverty in all metropolitan areas, and
"(C) the extent of housing overcrowding in that metropolitan
area and the extent of housing overcrowding in all metropolitan
areas." and declaring that "In determining the average of ratios
under paragraph (2), the ratio involving the extent of poverty
shall be counted twice"; struck out end clause providing that "in
computing amounts under such paragraph there shall be excluded
any metropolitan cities, urban counties, and units of general
local government which receive hold-harmless grants pursuant to
subsection (h) of this section", now constituting last sentence
of par. (3); and added par. (3) provisions.
Subsec. (e). Pub. L. 95-128, Sec. 106(f), in first sentence,
substituted "within a reasonable time" for "during such program
period" and struck out "during the same period" after "shall be
reallocated".
Subsec. (f)(1). Pub. L. 95-128, Sec. 106(g)(1), inserted in
subpar. (B) "any portion of such amount which remains after
applying the provisions of subparagraph (A) shall be utilized by
the Secretary" after "second," and "the greater of" before "an
amount"; reenacted existing provisions in cl. (i); added cl. (ii);
inserted provision respecting determination of average of ratios
under cl. (ii) of subpar. (B) and provision for pro rata reduction,
to compensate for the discrepancy between the total of the amounts
to be allocated under subpar. (B) and the total of the amounts
available under such subparagraph, of each amount allocated to the
nonmetropolitan areas in each State under such subparagraph; and
struck out end clause providing that in computing amounts under
such subpar. (B) there shall be excluded units of general local
government which receive hold-harmless grants pursuant to subsec.
(h) of this section, now constituting end sentence of subsec.
(f)(2) of this section.
Subsec. (f)(2). Pub. L. 95-128, Sec. 106(g)(1), (2), added par.
(2) and redesignated former par. (2) as (3).
Subsec. (f)(3). Pub. L. 95-128, Sec. 106(g)(2)-(4), redesignated
former par. (2) as (3), substituted "within a reasonable time" for
"during such period", and struck out "during the same period" after
"as soon as practicable".
Subsec. (g)(2). Pub. L. 95-128, Sec. 106(h), substituted
reference to "subsection (b)(1)(A) or (B), or (2)(A) or (B) of this
section" for "subsection (b)(2) or (3) of this section" and
inserted in cls. (i) and (ii) ", as computed under subsection
(b)(1)(A) or (B), or (2)(A) or (B) of this section," before
"shall".
Subsec. (i). Pub. L. 95-128, Sec. 106(i), struck out "population,
poverty, and housing overcrowding" before "data" and substituted
"are entitled to" for "receive" and reference to subsec. (b)(4) for
(b)(5) of this section.
Subsec. (j). Pub. L. 95-128, Sec. 106(j), substituted "by such
date as the Secretary shall determine" for "not later than thirty
days prior to the beginning of any program period" and reference to
subsec. (b)(4) for (b)(5) of this section and inserted "for a hold-
harmless grant for a single year" after "eligibility".
Subsec. (l). Pub. L. 95-128, Sec. 106(k), substituted provisions
for submission of a report to Congress not later than Sept. 30,
1978, respecting adequacy of funds allocation formula and defining
"impaction" for prior requirement of a report to Congress not later
than Mar. 31, 1977, setting forth recommendations to further
purposes and policies of this chapter, for modifying or expanding
the provisions of this section relating to the method of funding
and the allocation of funds and the determination of basic grant
entitlement, and for application of the provisions in the further
distribution of funds under this chapter and the conduct of a study
by the Secretary respecting manner of distributing funds under this
chapter in accordance with community development needs, objectives,
and capacities, measured to the maximum extent feasible by
objective standards.
Subsec. (m). Pub. L. 95-128, Sec. 106(l), added subsec. (m).
EFFECTIVE DATE OF 1990 AMENDMENT
Section 913(f) of Pub. L. 101-625 provided that:
"(1) In general. - Except as provided in paragraph (2), the
amendments made by this section [amending this section and sections
5301 and 5307 of this title] shall apply to amounts approved in any
appropriation Act under section 103 of the Housing and Community
Development Act of 1974 [section 5303 of this title] for fiscal
year 1990 and each fiscal year thereafter.
"(2) Grants in fiscal year 1990. - The Secretary of Housing and
Urban Development may make grants to Indian tribes pursuant to the
amendments made by this section with any amounts approved in any
appropriation Act under section 103 for fiscal year 1990 for grants
to Indian tribes, and the first sentence of section 106(a)(1) of
the Housing and Community Development Act of 1974 [subsec. (a)(1)
of this section] (as amended by this Act) shall not apply to such
grants."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 702(e) of Pub. L. 101-235, as amended by Pub. L. 101-625,
title IX, Sec. 913(e), Nov. 28, 1990, 104 Stat. 4393, provided
that: "The amendments made by this section [amending this section
and section 5302 of this title] shall apply to amounts approved in
any appropriation Act under section 103 of the Housing and
Community Development Act of 1974 [section 5303 of this title] for
fiscal year 1990 and each fiscal year thereafter."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-181 applicable only to funds available
for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
98-181, as amended, set out as a note under section 5316 of this
title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
371 of Pub. L. 97-35, set out as an Effective Date note under
section 3701 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
114 of Pub. L. 95-128, set out as a note under section 5301 of this
title.
REGULATIONS
Section 702(d) of Pub. L. 101-235 provided that: "The Secretary
shall issue any regulations necessary to carry out this section and
the amendments made by this section [amending this section and
section 5302 of this title and enacting provisions set out as notes
above] in a manner and by such time to provide for the
effectiveness of such regulations with respect to amounts
appropriated for fiscal year 1991 under section 103 of the Housing
and Community Development Act of 1974 [section 5303 of this
title]."
TRANSITIONAL PROVISIONS
Section 307 of Pub. L. 97-35 provided that:
"(a) Any amounts appropriated for any fiscal year before fiscal
year 1982 in a Department of Housing and Urban Development -
Independent Agencies Appropriation Act or a Supplemental
Appropriation Act under the head 'community development grants'
which are or become available for obligation on or after October 1,
1981, shall remain available as provided by law, and shall be used
in accordance with the following:
"(1) funds authorized for use under section 106(b) [subsec. (b)
of this section] of the Housing and Community Development Act of
1974 ('such Act') before October 1, 1981, shall be available for
use as provided by section 106(c) of such Act as amended by this
Act [subsec. (c) of this section];
"(2) funds authorized for use under section 107 of such Act
[section 5307 of this title] before October 1, 1981, shall be
available for use as provided by section 107(a) of such Act as
amended by this Act [section 5307(a) of this title]; and
"(3) funds authorized for use under section 106(c) or (e) of
such Act [subsec. (c) or (e) of this section] before October 1,
1981, shall be available for use as provided by section
106(d)(2)(A) of such Act as amended by this Act [subsec.
(d)(2)(A) of this section].
"(b) Any grant or loan which, prior to the effective date of any
provision of this part [see Effective Date note set out under
section 3701 of Title 12, Banks and Banking], was obligated and
governed by any authority amended by any provision of this part
[Pub. L. 97-35, title III, Secs. 301-315, Aug. 13, 1981, 95 Stat.
384-398] shall continue to be governed by the provisions of such
authority as they existed immediately before such effective date."
CDBG ASSISTANCE FOR UNITED STATES-MEXICO BORDER REGION
Pub. L. 104-134, title I, Sec. 101(e) [title II], Apr. 26, 1996,
110 Stat. 1321-257, 1321-272; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
section 916 of the Cranston-Gonzalez National Affordable Housing
Act [set out below] shall apply with respect to fiscal year 1996,
notwithstanding section 916(f) of that Act."
Section 916 of Pub. L. 101-625, as amended by Pub. L. 102-550,
title VIII, Sec. 810, Oct. 28, 1992, 106 Stat. 3850; Pub. L. 104-
204, title II, Sept. 26, 1996, 110 Stat. 2887, provided that:
"(a) Set-Aside for Colonias. - The States of Arizona, California,
New Mexico, and Texas shall each make available, for activities
designed to meet the needs of the residents of colonias in the
State relating to water, sewage, and housing, the following
percentage of the amount allocated for the State under section
106(d) of the Housing and Community Development Act of 1974 (42
U.S.C. 5306(d)):
"(1) First fiscal year. - For the first fiscal year to which
this section applies, 10 percent.
"(2) Succeeding fiscal years. - For each of the succeeding
fiscal years to which this section applies, a percentage (not to
exceed 10 percent) that is determined by the Secretary of Housing
and Urban Development to be appropriate after consultation with
representatives of the interests of the residents of colonias.
"(b) Eligible Activities. - Assistance distributed pursuant to
this section may be used only to carry out the following
activities:
"(1) Planning. - Payment of the cost of planning community
development (including water and sewage facilities) and housing
activities, including the cost of -
"(A) the provision of information and technical assistance to
residents of the area in which the activities are to be
concentrated and to appropriate nonprofit organizations and
public agencies acting on behalf of the residents; and
"(B) preliminary surveys and analyses of market needs,
preliminary site engineering and architectural services, site
options, applications, mortgage commitments, legal services,
and obtaining construction loans.
"(2) Assessments for public improvements. - The payment of
assessments (including any charge made as a condition of
obtaining access) levied against properties owned and occupied by
persons of low and moderate income to recover the capital cost
for a public improvement.
"(3) Other improvements. - Other activities eligible under
section 105 of the Housing and Community Development Act of 1974
[42 U.S.C. 5305] designed to meet the needs of residents of
colonias.
"(c) Distribution of Assistance. - Assistance shall be made
available pursuant to this section in accordance with a
distribution plan that gives priority to colonias having the
greatest need for such assistance.
"(d) Applicable Law. - Except to the extent inconsistent with
this section, assistance provided pursuant to this section shall be
subject to the provisions of title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.).
"(e) Definitions. - For purposes of this section:
"(1) Colonia. - The term 'colonia' means any identifiable
community that -
"(A) is in the State of Arizona, California, New Mexico, or
Texas;
"(B) is in the United States-Mexico border region;
"(C) is determined to be a colonia on the basis of objective
criteria, including lack of potable water supply, lack of
adequate sewage systems, and lack of decent, safe, and sanitary
housing; and
"(D) was in existence as a colonia before the date of the
enactment of the Cranston-Gonzalez National Affordable Housing
Act [Nov. 28, 1990].
"(2) Nonprofit organization. - The term 'nonprofit
organization' means an organization described in section 501(c)
of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)] and
exempt from taxation under section 501(a) of such Code.
"(3) Persons of low and moderate income. - The term 'persons of
low and moderate income' has the meaning given the term in
section 102(a) of the Housing and Community Development Act of
1974 (42 U.S.C. 5302(a)).
"(4) United states-mexico border region. - The term 'United
States-Mexico border region' means the area of the United States
within 150 miles of the border between the United States and
Mexico, except that the term does not include any standard
metropolitan statistical area that has a population exceeding
1,000,000."
OFFICE OF INDIAN AND ALASKA NATIVE PROGRAMS
Section 702(c) of Pub. L. 101-235, which required Secretary of
Housing and Urban Development to administer grants to Indian tribes
under this chapter through the Office of Indian and Alaska Native
Programs of the Department of Housing and Urban Development, was
repealed by Pub. L. 101-625, title IX, Sec. 913(d), Nov. 28, 1990,
104 Stat. 4393.
(!1) See References in Text note below.