Notes on 42 U.S.C. § 5307 : US Code - Notes

Search Notes on 42 U.S.C. § 5307 : US Code - Notes

(Pub. L. 93-383, title I, Sec. 107, Aug. 22, 1974, 88 Stat. 647;
Pub. L. 94-375, Sec. 15(c), Aug. 3, 1976, 90 Stat. 1076; Pub. L. 95-
128, title I, Sec. 107, Oct. 12, 1977, 91 Stat. 1123; Pub. L. 95-
557, title I, Sec. 103(f), Oct. 31, 1978, 92 Stat. 2084; Pub. L.
96-399, title I, Secs. 107, 117(b), Oct. 8, 1980, 94 Stat. 1618,
1624; Pub. L. 97-35, title III, Sec. 305, Aug. 13, 1981, 95 Stat.
391; Pub. L. 98-181, title I, Sec. 107, title III, Sec. 302(b),
Nov. 30, 1983, 97 Stat. 1167, 1206; Pub. L. 100-242, title V, Secs.
501(b), 517(b)(2), 522(b), Feb. 5, 1988, 101 Stat. 1922, 1936,
1939; Pub. L. 101-235, title I, Sec. 105(a)-(c), (e), Dec. 15,
1989, 103 Stat. 1998, 1999; Pub. L. 101-625, title IX, Secs.
901(c), 913(c), Nov. 28, 1990, 104 Stat. 4385, 4393; Pub. L. 102-
550, title VIII, Secs. 801(c)(1), (2), (4), 808, Oct. 28, 1992,
106 Stat. 3843-3845, 3850; Pub. L. 106-569, title I, Sec. 102(f),
Dec. 27, 2000, 114 Stat. 2947; Pub. L. 108-186, title V, Sec.
501(f), Dec. 16, 2003, 117 Stat. 2697.)
REFERENCES IN TEXT
Paragraphs (2), (3), (4), (6), and (7) of subsection (b) of this
section, referred to in subsec. (a)(1)(A) to (C) and (E), were
redesignated as paragraphs (1), (2), (3), (5), and (6),
respectively, of subsection (b) by Pub. L. 108-186, title V, Sec.
501(f)(2)(B), Dec. 16, 2003, 117 Stat. 2697.
The Community Outreach Partnership Act of 1992, referred to in
subsec. (a)(1)(G), is section 851 of Pub. L. 102-550, which is set
out below.
Section 1706e of title 12, referred to in subsec. (b)(3), was
repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
104 Stat. 4128.
Section 1437o of this title, referred to in subsec. (e)(1), was
repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,
104 Stat. 4128.
The Civil Rights Act of 1964, referred to in subsec. (e)(1), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is
classified principally to subchapters II to IX (Sec. 2000a et seq.)
of chapter 21 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a
of this title and Tables.
The Fair Housing Act, referred to in subsec. (e)(1), is title
VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,
which is classified principally to subchapter I (Sec. 3601 et seq.)
of chapter 45 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 3601 of
this title and Tables.
Public Law 90-284, referred to in subsec. (e)(2), is Pub. L. 90-
284, Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil
Rights Act of 1968. Title II of Pub. L. 90-284 is classified
generally to subchapter I (Sec. 1301 et seq.) of chapter 15 of
Title 25, Indians. For complete classification of this Act to the
Code, see Short Title note set out under section 3601 of this title
and Tables.
AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-186, Sec. 501(f)(1),
redesignated subpars. (B) to (H) as (A) to (G), respectively, and
struck out former subpar. (A) which read as follows: "$7,000,000
shall be available for grants under subsection (b)(1) of this
section;".
Subsec. (b). Pub. L. 108-186, Sec. 501(f)(2), redesignated pars.
(2) to (7) as (1) to (6), respectively, and struck out former par.
(1) which read as follows: "in Guam, the Virgin Islands, American
Samoa, the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands;".
2000 - Subsec. (a)(1)(G). Pub. L. 106-569, Sec. 102(f)(1),
inserted "and" after semicolon at end.
Subsec. (a)(1)(H), (I). Pub. L. 106-569, Sec. 102(f)(2), (3),
redesignated subpar. (I) as (H) and struck out former subpar. (H)
which read as follows: "$15,000,000 shall be available for grants
under the Removal of Regulatory Barriers to Affordable Housing Act
of 1992; and".
1992 - Subsec. (a). Pub. L. 102-550, Sec. 801(c)(1), added
heading and subsec. (a) and struck out former subsec. (a) which
read as follows: "Of the total amount provided in appropriation
Acts under section 5303 of this title for fiscal years 1988 and
1989, $60,000,000 may be set aside in each year for grants under
subsection (b) of this section. Grants under this section are in
addition to any other grants which may be made under this chapter
to the same entities for the same purposes."
Subsec. (b)(5) to (7). Pub. L. 102-550, Sec. 801(c)(2), added
pars. (5) to (7).
Subsec. (c). Pub. L. 102-550, Sec. 801(c)(4), substituted "make"
for "to the extent approved in appropriation Acts, make available
not less than $3,000,000 in the form of".
Subsec. (e)(1). Pub. L. 102-550, Sec. 808, substituted "the Civil
Rights Act of 1964 and the Fair Housing Act" for "Public Law 88-352
and Public Law 90-284".
1990 - Subsec. (a). Pub. L. 101-625, Sec. 901(c), directed the
amendment of subsec. (a), which did not contain designated pars.,
by adding par. (3) and redesignating former pars. (3) and (4) as
(4) and (5), respectively.
Subsec. (e)(2). Pub. L. 101-625, Sec. 913(c), inserted ", section
5306(a)(1) of this title," after "this section".
1989 - Pub. L. 101-235, Sec. 105(e), substituted "Special purpose
grants" for "Discretionary fund" in section catchline.
Subsec. (a). Pub. L. 101-235, Sec. 105(a), struck out "in a
special discretionary fund" after "in each year" and struck out at
end "Of the amount set aside for grants under subsection (b) of
this section for fiscal year 1988, $5,000,000 shall be made
available by the Secretary for purposes of grants under subsection
(b)(1) of this section for the Park Central New Community Project."
Subsec. (b)(1). Pub. L. 101-235, Sec. 105(b)(1), (3),
redesignated former par. (2) as (1) and struck out former par. (1)
which read as follows: "in behalf of new communities assisted under
title VII of the Housing and Urban Development Act of 1970 or title
IV of the Housing and Urban Development Act of 1968 or in behalf of
new community projects assisted under title X of the National
Housing Act which meet the eligibility standards set forth in title
VII of the Housing and Urban Development Act of 1970 and which were
the subject of an application or preapplication under such title
prior to January 14, 1975;".
Subsec. (b)(2). Pub. L. 101-235, Sec. 105(b)(3), redesignated
par. (5) as (2). Former par. (2) redesignated (1).
Subsec. (b)(3). Pub. L. 101-235, Sec. 105(b)(1), (4), added par.
(3) and struck out former par. (3) which related to grants to
Indian tribes.
Subsec. (b)(4). Pub. L. 101-235, Sec. 105(b)(5), struck out "and
to States and units of general local government for implementing
special projects otherwise authorized under this chapter; and"
after "to carry out assistance under this chapter;", and
substituted "for purposes of this paragraph the term 'technical
assistance' means the facilitating of skills and knowledge in
planning, developing, and administering activities under this
chapter in entities that may need but do not possess such skills
and knowledge, and includes assessing programs and activities under
this chapter; except that any recipient of a grant under this
paragraph that provides technical assistance pursuant to this
paragraph shall provide for the notification of the availability of
such assistance and shall have specific criteria for selection of
recipients of such assistance that are published and publicly
available." for "and" after "such governmental units and groups;".
Subsec. (b)(5). Pub. L. 101-235, Sec. 105(b)(3), redesignated
par. (5) as (2).
Subsec. (f). Pub. L. 101-235, Sec. 105(c), added subsec. (f).
1988 - Subsec. (a). Pub. L. 100-242, Sec. 522(b), inserted
sentence at end making $5,000,000 of grant moneys available for the
Park Central New Community Project.
Pub. L. 100-242, Sec. 501(b)(1), amended first sentence
generally. Prior to amendment, first sentence read as follows: "Of
the total amount approved in appropriation Acts under section 5303
of this title for each of the fiscal years 1984, 1985, and 1986,
not more than $68,200,000 for each such fiscal year may be set
aside in a special discretionary fund for grants under subsection
(b) of this section."
Subsec. (b)(4). Pub. L. 100-242, Sec. 517(b)(2), inserted "and
section 1706e of title 12" before first semicolon.
Subsecs. (c) to (e). Pub. L. 100-242, Sec. 501(b)(2), added
subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and
(e), respectively.
1983 - Subsec. (a). Pub. L. 98-181, Sec. 107(a), substituted
provisions permitting not more than $68,200,000 for each of fiscal
years 1984, 1985, and 1986 to be set aside in a special
discretionary fund for grants under subsection (b) of this section,
for provisions permitting not more than $60,000,000 to be set aside
for each of fiscal years 1982 and 1983 in such a fund.
Subsec. (b)(4). Pub. L. 98-181, Sec. 107(b), amended par. (4)
generally, inserting provisions authorizing the Secretary to
provide assistance to groups designated by certain enumerated
governmental units to assist in carrying out this chapter, to
qualified groups for the purpose of assisting more than one such
governmental unit and to provide technical assistance, directly or
through contracts, to such governmental units and groups.
Subsec. (b)(5). Pub. L. 98-181, Sec. 107(c), added par. (5).
Subsec. (d)(1). Pub. L. 98-181, Sec. 302(b)(1), inserted
provisions relating to section 1437o of this title, and substituted
"grantee" for "applicant".
Subsec. (d)(3). Pub. L. 98-181, Sec. 302(b)(2), inserted "grantee
or" before "applicant".
1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating
to authorization of appropriations under section 5303 of this title
for fiscal years 1982 and 1983, and supplemental nature of grants,
for provisions relating to authorization of appropriations under
section 5303(a)(1) of this title for fiscal years 1981 to 1983, and
purposes for expenditures from fund.
Subsec. (b). Pub. L. 97-35 substituted provisions relating to
permissible uses of funds for provisions relating to limitations on
amounts reserved for emergency disaster needs.
Subsec. (c). Pub. L. 97-35 substituted provisions relating to
amounts set aside for use under subsec. (b) of this section for
provisions relating to amounts set aside and reserved in the
special fund under subsec. (b) of this section.
Subsec. (d). Pub. L. 97-35 substituted provisions relating to
assurances required for provisions relating to Indian tribal
eligibility for grant as dependent upon conformity of program with
prescribed constitutional rights and habeas corpus.
1980 - Subsec. (a). Pub. L. 96-399, Sec. 107, substituted
"approved in appropriation Acts under section 5303(a)(1) of this
title for each of the fiscal years 1981, 1982, and 1983, not more
than $104,000,000 for fiscal year 1981, not more than $104,000,000
for fiscal year 1982, and not more than $107,000,000 for fiscal
year 1983 may" for "of authority to enter into contracts approved
in appropriation Acts under section 5303(a)(1) of this title for
each of the fiscal years 1975, 1976, 1977, 1978, 1979, and 1980, an
amount equal to 3 per centum thereof shall".
Subsec. (d). Pub. L. 96-399, Sec. 117(b), inserted "under this
chapter" after "Indian tribe".
1978 - Subsec. (a)(8). Pub. L. 95-557 substituted "The Secretary
may also provide, directly or through contracts, technical
assistance under this paragraph to such governmental units, or to a
group designated by such a governmental unit for the purpose of
assisting that governmental unit to carry out its Community
Development Program" for "The Secretary may also provide such
technical assistance under this paragraph directly or through
contracts".
1977 - Subsec. (a). Pub. L. 95-128, Sec. 107(1), (2), extended
provisions to fiscal years 1978 through 1980 and increased rate to
3 from 2 per centum.
Subsec. (a)(5). Pub. L. 95-128, Sec. 107(3), provided for grants
to Indian tribes.
Subsec. (a)(7), (8). Pub. L. 95-128, Sec. 107(4), added pars. (7)
and (8).
Subsec. (b). Pub. L. 95-128, Sec. 107(5), substituted "15 per
centum" for "one-fourth".
Subsec. (d). Pub. L. 95-128, Sec. 107(6), added subsec. (d).
1976 - Subsec. (a)(1). Pub. L. 94-375 included new community
projects assisted under title X of the National Housing Act as
within the authority of the Secretary to make grants from the
special discretionary fund.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 913(c) of Pub. L. 101-625 applicable to
amounts approved in any appropriation Act under section 5303 of
this title for fiscal year 1990 and each fiscal year thereafter,
see section 913(f) of Pub. L. 101-625, set out as a note under
section 5306 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 105(d) of Pub. L. 101-235 provided that:
"(1) In general. - Except as provided in this paragraph and
paragraph (2), the amendments made by this section [amending this
section] shall apply with respect to any grants made under section
107 of the Housing and Community Development Act of 1974 [this
section] on or after the date of the enactment of this Act [Dec.
15, 1989], except a grant made under the third sentence of section
107(a) of [the] Housing and Community Development Act of 1974, as
such sentence existed immediately before such date, and grants for
specific activities (referred to in House Report Number 101-297)
pursuant to the amount appropriated for use under section 107 by
the enactment of the bill, H.R. 2916, of the One Hundred First
Congress [Pub. L. 101-144, Nov. 9, 1989, 103 Stat. 850].
"(2) Prior grants. - Any grant made under section 107 of the
Housing and Community Development Act of 1974 [this section] before
the date of the enactment of this Act [Dec. 15, 1989] or pursuant
to a grant award notification made before such date shall be
governed by the provisions of such section as it existed
immediately before the date of the enactment of this Act."
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-181 applicable only to funds available
for fiscal year 1984 and thereafter, see section 110(b) of Pub. L.
98-181, as amended, set out as a note under section 5316 of this
title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
371 of Pub. L. 97-35, set out as an Effective Date note under
section 3701 of Title 12, Banks and Banking.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section
104 of Pub. L. 95-557, set out as a note under section 1709 of
Title 12, Banks and Banking.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section
114 of Pub. L. 95-128, set out as a note under section 5301 of this
title.
REGULATIONS
Pub. L. 102-550, title VIII, Sec. 801(c)(3), Oct. 28, 1992, 106
Stat. 3844, provided that, not later than the expiration of the 60-
day period beginning on Oct. 28, 1992, the Secretary of Housing
and Urban Development was to issue proposed regulations to carry
out subsec. (b)(6) of this section and to issue final regulations
to carry out subsec. (b)(6) not later than the expiration of the
120-day period beginning on Oct. 28, 1992.
COMMUNITY OUTREACH PARTNERSHIP
Section 851 of Pub. L. 102-550 directed Secretary to carry out a
5-year demonstration program to determine feasibility of
facilitating partnerships between institutions of higher education
and communities to solve urban problems through research, outreach,
and exchange of information, established program of grants to
public and private nonprofit institutions of higher education to
assist in establishing or carrying out such activities and to
establish and operate Community Outreach Partnership Centers which
were to focus on problems associated with housing, economic
development, neighborhood revitalization, infrastructure, health
care, job training, education, crime prevention, planning,
community organizing, and other areas deemed appropriate by the
Secretary, further provided for establishment of national advisory
council to assist Secretary in these areas and a national
clearinghouse to disseminate information resulting from these
activities, and further provided for appropriations for the
demonstration program as well as for an annual report to Congress
by the Secretary.
(!1) See References in Text note below.
(!2) So in original. The comma probably should not appear.
(!3) See References in Text note below.