42 U.S.C. § 12871 — Program authority

Page 8488 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12871 2 So in original. Probably should be ‘‘such’’. (1) $285,000,000 shall be available for activi- ties authorized under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.], of which up to $4,500,000 of any amounts appropriated may be made available for tech- nical assistance to potential applicants, appli- cants and recipients of assistance under this 2 title; (2) $285,000,000 shall be available for activi- ties authorized under part A, of which up to $3,250,000 of any amounts appropriated may be made available for technical assistance to po- tential applicants, applicants and recipients of assistance under this 2 part; and (3) $285,000,000 shall be available for activi- ties under part B, of which up to $2,250,000 of any amounts appropriated may be made avail- able for technical assistance to potential ap- plicants, applicants and recipients of assist- ance under this 2 part. Any amount appropriated pursuant to this sub- section shall remain available until expended. (b) Fiscal year 1994 There are authorized to be appropriated for grants under this title 1 $883,641,000 for fiscal year 1994, of which— (1) $294,547,000 shall be available for activi- ties authorized under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.], up to $4,500,000 of which may be made available for technical assistance to potential applicants, applicants and recipients of assist- ance under this 2 title; (2) $294,547,000 shall be available for activi- ties authorized under part A, up to $3,250,000 of which may be made available for technical as- sistance to potential applicants, applicants and recipients of assistance under this 2 part; and (3) $294,547,000 shall be available for activi- ties under part B, up to $2,250,000 of which may be made available for technical assistance to potential applicants, applicants and recipients of assistance under this 2 part. Any amount appropriated pursuant to this sub- section shall remain available until expended. (c) Technical assistance Technical assistance made available under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.] or part A or part B of this subchapter may include, but shall not be limited to, training, clearinghouse services, the collection, processing and dissemination of pro- gram information useful for local and national program management, and provision of seed money. Such technical assistance may be made available directly, or indirectly under contracts and grants, as appropriate. In any fiscal year, no single applicant, potential applicant, or recipi- ent under title III of the United States Housing Act of 1937, or part A or part B of this sub- chapter may receive technical assistance in an amount exceeding 20 percent of the total amount made available for technical assistance under such title or part for the fiscal year. (Pub. L. 101–625, title IV, § 402, as added Pub. L. 102–550, title I, § 181(a)(1), Oct. 28, 1992, 106 Stat. 3734; amended Pub. L. 109–281, § 2(d)(3), Sept. 22, 2006, 120 Stat. 1181.) Editorial Notes REFERENCES IN TEXT This title, referred to in introductory provisions of subsecs. (a) and (b), is title IV of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4148, known as the Homeownership and Opportunity Through HOPE Act, which enacted this subchapter and subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title, amended sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, Banks and Banking, and enacted provisions set out as notes under sections 1437c, 1437aa, and 1437aaa of this title. For complete classification of title IV to the Code, see Short Title note set out under sec- tion 1437aaa of this title and Tables. The United States Housing Act of 1937, referred to in subsecs. (a)(1), (b)(1), and (c), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title III of the Act is classi- fied generally to subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–281 struck out the sec- ond sentence, which read as follows: ‘‘Of the amounts appropriated pursuant to this subsection, up to $40,000,000, but not less than 5 percent, shall be avail- able for activities authorized under part C of this sub- chapter.’’ Subsec. (b). Pub. L. 109–281 struck out the second sen- tence, which read as follows: ‘‘Of the amounts appro- priated pursuant to this subsection, up to $41,680,000, but not less than 5 percent, shall be available for ac- tivities authorized under part C of this subchapter.’’ Statutory Notes and Related Subsidiaries GAO AUDIT OF TECHNICAL ASSISTANCE CONTRACTS Pub. L. 102–550, title I, § 181(a)(3), Oct. 28, 1992, 106 Stat. 3735, provided that: ‘‘The Comptroller General of the United States shall conduct an audit of all of the technical assistance contracts awarded for fiscal years 1993 and 1994 pursuant to section 402 of the Cranston- Gonzalez National Affordable Housing Act [42 U.S.C. 12870]. The Comptroller General shall submit a report to the Congress describing the results of such audit not later than September 30, 1994.’’ PART A—HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY UNITS § 12871. Program authority (a) In general The Secretary is authorized to make— (1) planning grants to enable applicants to develop homeownership programs; and (2) implementation grants to enable appli- cants to carry out homeownership programs. (b) Authority to reserve housing assistance In connection with a grant under this part, the Secretary may reserve authority to provide as- sistance under section 1437f of this title to the extent necessary to provide rental assistance for a nonpurchasing tenant who resides in the project on the date the Secretary approves the application for an implementation grant, for use by the tenant in another project. (Pub. L. 101–625, title IV, § 421, Nov. 28, 1990, 104 Stat. 4162; Pub. L. 102–550, title I, § 181(a)(2)(B)(i), Oct. 28, 1992, 106 Stat. 3735.) Page 8489 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12872 Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (b), was in the origi- nal ‘‘this subtitle’’, meaning subtitle B (§§ 421–431) of title IV of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4162, which enacted this part and amended section 1709 of Title 12, Banks and Banking. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–550 struck out subsec. (c) which read as follows: ‘‘AUTHORIZATION OF APPRO- PRIATIONS.—There is authorized to be appropriated for grants under this part $51,000,000 for fiscal year 1991 and $280,000,000 for fiscal year 1992. Any amounts appro- priated pursuant to this subsection shall remain avail- able until expended.’’ § 12872. Planning grants (a) Grants The Secretary is authorized to make planning grants to applicants for the purpose of devel- oping homeownership programs under this part. The amount of a planning grant under this sec- tion may not exceed $200,000, except that the Secretary may for good cause approve a grant in a higher amount. (b) Eligible activities Planning grants may be used for activities to develop homeownership programs (which may include programs for cooperative ownership), in- cluding— (1) development of resident management cor- porations and resident councils; (2) training and technical assistance of ap- plicants related to the development of a spe- cific homeownership program; (3) studies of the feasibility of a homeowner- ship program; (4) inspection for lead-based paint hazards, as required by section 4822(a) of this title; (5) preliminary architectural and engineer- ing work; (6) tenant and homebuyer counseling and training; (7) planning for economic development, job training, and self-sufficiency activities that promote economic self-sufficiency for home- buyers and homeowners under the homeowner- ship program; (8) development of security plans; and (9) preparation of an application for an im- plementation grant under this part. (c) Application (1) Form and procedures An application for a planning grant shall be submitted by an applicant in such form and in accordance with such procedures as the Sec- retary shall establish. (2) Minimum requirements The Secretary shall require that an applica- tion contain at a minimum— (A) a request for a planning grant, speci- fying the activities proposed to be carried out, the schedule for completing the activi- ties, the personnel necessary to complete the activities, and the amount of the grant requested; (B) a description of the applicant and a statement of its qualifications; (C) identification and description of the el- igible property involved, and a description of the composition of the tenants, including family size and income; (D) a certification by the public official re- sponsible for submitting the comprehensive housing affordability strategy under section 12705 of this title that the proposed activi- ties are consistent with the approved hous- ing strategy of the State or unit of general local government within which the project is located (or, during the first 12 months after November 28, 1990, that the application is consistent with such other existing State or local housing plan or strategy that the Sec- retary shall determine to be appropriate); and (E) a certification that the applicant will comply with the requirements of the Fair Housing Act [42 U.S.C. 3601 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], section 504 of the Rehabilita- tion Act of 1973 [29 U.S.C. 794], and the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], and will affirmatively further fair housing. (d) Selection criteria The Secretary shall, by regulation, establish selection criteria for a national competition for assistance under this section, which shall in- clude— (1) the qualifications or potential capabili- ties of the applicant; (2) the extent of tenant interest in the devel- opment of a homeownership program for the property; (3) the potential of the applicant for devel- oping a successful and affordable homeowner- ship program and the suitability of the prop- erty for homeownership; (4) national geographic diversity among housing for which applicants are selected to receive assistance; and (5) such other factors that the Secretary shall require that (in the determination of the Secretary) are appropriate for purposes of car- rying out the program established by this part in an effective and efficient manner. (Pub. L. 101–625, title IV, § 422, Nov. 28, 1990, 104 Stat. 4162; Pub. L. 102–550, title X, § 1012(i)(1), Oct. 28, 1992, 106 Stat. 3906.) Editorial Notes REFERENCES IN TEXT The Fair Housing Act, referred to in subsec. (c)(2)(E), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (c)(2)(E), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Age Discrimination Act of 1975, referred to in subsec. (c)(2)(E), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chap- ter 76 (§ 6101 et seq.) of this title. For complete classi-