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12 U.S.C. § 1701t — Congressional affirmation of national
Federal law — U.S. Code and appendices · legal_authorities
Page 471
TITLE 12—BANKS AND BANKING
§ 1701t
Subsec. (e)(1)(B). Pub. L. 96–153, § 203(a)(3), substituted
‘‘occupying substandard housing or was involuntarily
displaced at the time it was seeking assistance under
this section’’ for ‘‘displaced by governmental action, is
elderly, is physically handicapped, or is (or was) occu-
pying substandard housing or housing extensively dam-
aged or destroyed as the result of a natural disaster’’.
Subsecs. (k), (l). Pub. L. 96–153, § 203(a)(4), added sub-
secs. (k) and (l).
1970—Subsec. (a). Pub. L. 91–609, § 103, increased max-
imum amount of payments by $40,000,000 on July 1, 1971.
Subsec. (b). Pub. L. 91–609, §§ 114[115](c), 118(b), au-
thorized payments to housing owners with respect to
projects with dwelling units without kitchen facilities
and provided for percentage limitation on payments to
housing owner, and substituted ‘‘which may involve ei-
ther new or existing construction and which’’ for
‘‘which prior to completion of construction or rehabili-
tation’’ before ‘‘is approved’’, respectively.
Subsec. (c)(2)(F). Pub. L. 91–609, § 120(a), added par.
(F).
Subsec. (e)(1)(B). Pub. L. 91–609, § 120(b), provided for
issuance of certificates with respect to whether the in-
dividual or family is a member of the Armed Forces of
the United States serving on active duty.
1969—Subsec. (j)(1)(D). Pub. L. 91–152 inserted excep-
tion which authorized the Secretary to increase pay-
ments to 40 per centum of the dwelling units under the
specified conditions.
1968—Subsec. (a). Pub. L. 90–448, § 202(a), increased
maximum amount of payments by $40,000,000 on July 1,
1969, and by $100,000,000 on July 1, 1970.
Subsec. (b). Pub. L. 90–448, § 202(b), included within
definition of ‘‘housing owner’’ a private nonprofit cor-
po
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Page 471
TITLE 12—BANKS AND BANKING
§ 1701t
Subsec. (e)(1)(B). Pub. L. 96–153, § 203(a)(3), substituted
‘‘occupying substandard housing or was involuntarily
displaced at the time it was seeking assistance under
this section’’ for ‘‘displaced by governmental action, is
elderly, is physically handicapped, or is (or was) occu-
pying substandard housing or housing extensively dam-
aged or destroyed as the result of a natural disaster’’.
Subsecs. (k), (l). Pub. L. 96–153, § 203(a)(4), added sub-
secs. (k) and (l).
1970—Subsec. (a). Pub. L. 91–609, § 103, increased max-
imum amount of payments by $40,000,000 on July 1, 1971.
Subsec. (b). Pub. L. 91–609, §§ 114[115](c), 118(b), au-
thorized payments to housing owners with respect to
projects with dwelling units without kitchen facilities
and provided for percentage limitation on payments to
housing owner, and substituted ‘‘which may involve ei-
ther new or existing construction and which’’ for
‘‘which prior to completion of construction or rehabili-
tation’’ before ‘‘is approved’’, respectively.
Subsec. (c)(2)(F). Pub. L. 91–609, § 120(a), added par.
(F).
Subsec. (e)(1)(B). Pub. L. 91–609, § 120(b), provided for
issuance of certificates with respect to whether the in-
dividual or family is a member of the Armed Forces of
the United States serving on active duty.
1969—Subsec. (j)(1)(D). Pub. L. 91–152 inserted excep-
tion which authorized the Secretary to increase pay-
ments to 40 per centum of the dwelling units under the
specified conditions.
1968—Subsec. (a). Pub. L. 90–448, § 202(a), increased
maximum amount of payments by $40,000,000 on July 1,
1969, and by $100,000,000 on July 1, 1970.
Subsec. (b). Pub. L. 90–448, § 202(b), included within
definition of ‘‘housing owner’’ a private nonprofit cor-
poration or other private nonprofit legal entity, a lim-
ited dividend corporation or other limited dividended
legal entity, or a cooperative housing corporation,
which is the owner of a rental or cooperative housing
project financed under a State or local program.
Subsec. (c)(2)(E). Pub. L. 90–448, § 1106(b), substituted
‘‘affected by a disaster’’ for ‘‘affected by a natural dis-
aster’’.
Subsec. (d). Pub. L. 90–448, § 201(e)(1), inserted provi-
sions authorizing, in determining the income of any
tenant, a deduction of an amount equal to $300 for each
minor person who is a member of the immediate family
of the tenant and living with the tenant, and directing
that the earnings of any such minor shall not be in-
cluded in the income of such tenant.
Subsec. (g). Pub. L. 90–448, § 201(e)(2), inserted ref-
erence to section 1715z–1 of this title.
Subsec. (j)(1)(D). Pub. L. 90–448, § 201(e)(3), inserted
subpar. (D).
1967—Pub. L. 90–19, § 22(a), substituted ‘‘Secretary’’
for ‘‘Administrator’’ wherever appearing in subsecs. (c),
(d), (e), and (g).
Subsec. (a). Pub. L. 90–19, § 22(c)(1), substituted ‘‘Sec-
retary of Housing and Urban Development (hereinafter
referred to as the ‘Secretary’)’’ for ‘‘Housing and Home
Finance Administrator (hereinafter referred to as the
‘Administrator’)’’.
Subsec. (g). Pub. L. 90–19, § 22(c)(2), consolidated in
the Secretary of Housing and Urban Development the
authorities of the Federal Housing Commissioner and
the Housing and Home Finance Administrator with re-
spect to housing assisted under sections 1715l(d)(3) and
1715v(c)(3), and section 1701q of this title, respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105–276, title V, § 514(g), Oct. 21, 1998, 112 Stat.
2549, provided that: ‘‘This section [amending this sec-
tion, sections 1701z–11 and 4116 of this title, and sec-
tions 1437d, 1437f, 12899d, and 13615 of Title 42, The Pub-
lic Health and Welfare, enacting provisions set out as
notes under sections 1437a and 1437f of Title 42, and re-
pealing provisions set out as notes under sections 1437d
and 1437f of Title 42] shall take effect on, and the
amendments made by this section are made on, and
shall apply beginning upon, the date of the enactment
of this Act [Oct. 21, 1998].’’
EFFECTIVE AND TERMINATION DATES OF 1996
AMENDMENT
Amendment by Pub. L. 104–99 effective Jan. 26, 1996,
and only for fiscal years 1996, 1997, and 1998, and to
cease to be effective Oct. 21, 1998, see section 402(f) of
Pub. L. 104–99, as amended, and section 514(f) of Pub. L.
105–276, set out as notes under section 1437a of Title 42,
The Public Health and Welfare.
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 this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Pub. L. 96–153, title II, § 203(c), Dec. 21, 1979, 93 Stat.
1107, providing for the effective date of amendment of
this section and section 1715z–1 of this title as Dec. 21,
1979, and setting forth maximum applicable tenant con-
tribution, was repealed by Pub. L. 97–35, title III,
§§ 322(h)(2), 371, Aug. 13, 1981, 95 Stat. 404, 431, eff. Oct.
1, 1981.
AMENDMENTS TO CONTRACTS
Pub. L. 109–115, div. A, title III, Nov. 30, 2005, 119 Stat.
2453, provided in part: ‘‘That amendments to such con-
tracts [under this section and section 1715z–1(f)(2) of
this title in State-aided, non-insured rental housing
projects] hereafter may be for a period less than the
term of the respective contracts.’’
LIMITATION ON WITHHOLDING OR CONDITIONING OF
ASSISTANCE
Assistance provided for in Housing and Community
Development Act of 1974, National Housing Act, United
States Housing Act of 1937, Housing Act of 1949, Dem-
onstration Cities and Metropolitan Development Act of
1966, and Housing and Urban Development Acts of 1965,
1968, 1969, and 1970 [see Short Title note set out under
section 1701 of this title], not to be withheld or made
subject to conditions by reason of tax-exempt status of
obligations issued or to be issued for financing of as-
sistance, except as otherwise provided by law, see sec-
tion 817 of Pub. L. 93–383, set out as a note under sec-
tion 5301 of Title 42, The Public Health and Welfare.
§ 1701t. Congressional affirmation of national
goal of decent homes and suitable living en-
vironment for American families
The Congress affirms the national goal, as set
forth in section 1441 of title 42, of ‘‘a decent
home and a suitable living environment for
every American family’’.
The Congress finds that this goal has not been
fully realized for many of the Nation’s lower in-
come families; that this is a matter of grave na-
tional concern; and that there exist in the pub-
lic and private sectors of the economy the re-
sources and capabilities necessary to the full re-
alization of this goal.
The Congress declares that in the administra-
tion of those housing programs authorized by
this Act which are designed to assist families
with incomes so low that they could not other-
wise decently house themselves, and of other
Government programs designed to assist in the
provision of housing for such families, the high-
est priority and emphasis should be given to
meeting the housing needs of those families for
which the national goal has not become a re-
ality; and in the carrying out of such programs
Page 472
TITLE 12—BANKS AND BANKING
§ 1701u
1 See References in Text note below.
there should be the fullest practicable utiliza-
tion of the resources and capabilities of private
enterprise and of individual self-help techniques.
(Pub. L. 90–448, § 2, Aug. 1, 1968, 82 Stat. 476.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 90–448, Aug.
1, 1968, 82 Stat. 476, known as the Housing and Urban
Development Act of 1968. For complete classification of
this Act to the Code, see Short Title of 1968 Amend-
ments note set out under section 1701 of this title and
Tables.
CODIFICATION
Section was enacted as part of the Housing and Urban
Development Act of 1968, and not as part of the Na-
tional Housing Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
LIMITATION ON WITHHOLDING OR CONDITIONING OF
ASSISTANCE
Assistance provided for in Housing and Community
Development Act of 1974, National Housing Act, United
States Housing Act of 1937, Housing Act of 1949, Dem-
onstration Cities and Metropolitan Development Act of
1966, and Housing and Urban Development Acts of 1965,
1968, [see Short Title notes set out under section 1701 of
this title], 1969, and 1970 not to be withheld or made
subject to conditions by reason of tax-exempt status of
obligations issued or to be issued for financing of as-
sistance, except as otherwise provided by law, see sec-
tion 817 of Pub. L. 93–383, set out as a note under sec-
tion 5301 of Title 42, The Public Health and Welfare.
NATIONAL ADVISORY COMMISSION ON LOW INCOME
HOUSING
Pub. L. 90–448, title I, § 110, Aug. 1, 1968, 82 Stat. 497,
established the National Advisory Commission on Low
Income Housing; provided for the appointment of mem-
bers and the filling of vacancies; fixed the quorum
number and the number necessary to conduct hearings;
provided that the Commission study ways of bringing
safe and sanitary housing to low income families, uti-
lize services of private research organizations, and co-
ordinate its investigation with the Banking and Cur-
rency Committees of the Senate and House; required
that an interim report be submitted by July 1, 1969 and
a final report by July 1, 1970; authorized the Commis-
sion or a subcommittee to hold hearings and to admin-
ister oaths and affirmations; directed executive branch
departments, agencies, and instrumentalities to furnish
information requested by the Commission; empowered
the chairman, without regard to the provisions of Title
5, Government Organization and Employees, governing
appointments in the competitive service and relating
to classification and General Schedule pay rates, to ap-
point and pay personnel as he deemed necessary and to
procure temporary services, as is authorized by section
3109 of title 5, at rates up to $50 a day for individuals;
provided that members appointed from the executive or
legislative branch serve without compensation in addi-
tion to that received in their regular employment but
be reimbursed for travel, subsistence, and necessary ex-
penses incurred while performing duties for the Com-
mission and that members other than those appointed
from the executive or legislative branches be paid $75 a
day plus travel, subsistence, and other necessary ex-
penses while acting as members of the Commission; and
directed that the Commission cease to exist 30 days
after its final report.
§ 1701u. Economic opportunities for low- and
very low-income persons
(a) Findings
The Congress finds that—
(1) Federal housing and community develop-
ment programs provide State and local gov-
ernments and other recipients of Federal fi-
nancial assistance with substantial funds for
projects and activities that produce signifi-
cant employment and other economic opportu-
nities;
(2) low- and very low-income persons, espe-
cially recipients of government assistance for
housing, often have restricted access to em-
ployment and other economic opportunities;
(3) the employment and other economic op-
portunities generated by projects and activi-
ties that receive Federal housing and commu-
nity development assistance offer an effective
means of empowering low- and very low-in-
come persons, particularly persons who are re-
cipients of government assistance for housing;
and
(4) prior Federal efforts to direct employ-
ment and other economic opportunities gen-
erated by Federal housing and community de-
velopment programs to low- and very low-in-
come persons have not been fully effective and
should be intensified.
(b) Policy
It is the policy of the Congress and the pur-
pose of this section to ensure that the employ-
ment and other economic opportunities gen-
erated by Federal financial assistance for hous-
ing and community development programs
shall, to the greatest extent feasible, be directed
toward low- and very low-income persons, par-
ticularly those who are recipients of govern-
ment assistance for housing.
(c) Employment
(1) Public and Indian housing program
(A) In general
The Secretary shall require that public
and Indian housing agencies, and their con-
tractors and subcontractors, make their best
efforts, consistent with existing Federal,
State, and local laws and regulations, to
give to low- and very low-income persons the
training and employment opportunities gen-
erated by development assistance provided
pursuant to section 1437c of title 42, oper-
ating assistance provided pursuant to sec-
tion 1437g of title 42, and modernization
grants provided pursuant to section 1437l of
title 42.1
(B) Priority
The efforts required under subparagraph
(A) shall be directed in the following order of
priority:
(i) To residents of the housing develop-
ments for which the assistance is ex-
pended.
(ii) To residents of other developments
managed by the public or Indian housing
agency that is expending the assistance.
(iii) To participants in YouthBuild pro-
grams receiving assistance under section
3226 of title 29.
(iv) To other low- and very low-income
persons residing within the metropolitan
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** Notwithstanding any other provision of this subchapter, the Secretary may insure and make commitments to insure any mortgage under this section which meets the eligibility requirements hereinafter set forth.
**(b) Eligibility requirements** No mortgage shall be insured under this section unless (1) the housing which is covered by the insured mortgage is necessary in the interest of national security in order to provide adequate housing for (A) military personnel and essential civilian personnel serving or employed in connection with any installation of one of the armed services of the United States, or (B) essential personnel employed or assigned to duty at or in connection with any research or development installation of the National Aeronautics and Space Administration or of the Atomic Energy Commission, (2) there is no present intention to curtail substantially the number of such personnel assigned or to be assigned to the installation, (3) adequate housing is not available for such personnel at reasonable rentals within reasonable commuting distances of such installation, and (4) the mortgaged property will not so far as can be reasonably foreseen substantially curtail occupancy in any existing housing in the vicinity of the installation which is covered by mortgages insured under this chapter.
**(c) Economical soundness of property or project** The Secretary may accept any mortgage for insurance under this section without regard to any requirement in any other section of this chapter that the property or project be economically sound.
**(d) Rental conditions; preferences and priorities in the sale or rental of dwellings** The Secretary shall require each project covered by a mortgage insured under this section to be held for rental for a pe
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