12 U.S.C. § 4145 — Delivery of assistance through inter-

Page 1617 TITLE 12—BANKS AND BANKING § 4145 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT This title, referred to in par. (2), means title II of Pub. L. 100–242, as amended by Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249, known as the Low- Income Housing Preservation and Resident Home- ownership Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. § 4145. Delivery of assistance through inter- mediaries (a) In general The Secretary shall approve and disburse as- sistance under section 4143 of this title through eligible intermediaries selected by the Secretary under subsection (b). If the Secretary does not receive an acceptable proposal from an inter- mediary offering to administer assistance under this section in a given State, the Secretary shall administer the program in such State directly. (b) Selection of eligible intermediaries (1) In general The Secretary shall develop criteria to se- lect eligible intermediaries, through a com- petitive process, to administer assistance under this subchapter. The process shall in- clude provision for a reasonable administra- tive fee. (2) Priority With respect to all forms of grants available under section 4143 of this title, such criteria shall give priority to applications from eligi- ble intermediaries with demonstrated exper- tise or experience with the program estab- lished under this title 1 or under the Emer- gency Low Income Housing Preservation Act of 1987. (3) Criteria The criteria developed under this subsection shall— (A) not assign any preference or priority to applications from eligible intermediaries based on their previous participation in ad- ministering or receiving Federal grants or loans (but may exclude applicants who have failed to perform under prior contracts of a similar nature); (B) require an applicant to prepare a pro- posal that demonstrates adequate staffing, qualifications, prior experience, and a plan for participation; and (C) permit an applicant to serve as the ad- ministrator of assistance made available under section 4143(d) or (e) of this title, based on the applicant’s suitability and in- terest. (4) Geographic coverage The Secretary may select more than 1 State or regional intermediary for a single State or region. The number of intermediaries chosen for each State or region may be based on the number of eligible low-income housing projects in the State or region, provided there is no duplication of geographic coverage by intermediaries in the administration of the di- rect assistance grant program. (5) National nonprofit intermediaries National nonprofit intermediaries shall be selected to administer the assistance made available under section 4143 of this title only with respect to States or regions for which no other eligible intermediary, acceptable to the Secretary, has submitted a proposal to partici- pate. (6) Preference With respect to assistance made available under section 4144 of this title, preference shall be given to eligible regional, State, and local intermediaries, over national nonprofit organizations. (c) Conflicts of interest Eligible intermediaries selected under sub- section (b) to disburse assistance under section 4143 of this title shall certify that they will serve only as delegated program administrators, charged with the responsibility for reviewing and approving grant applications on behalf of the Secretary. Selected intermediaries shall— (1) establish appropriate procedures for grant administration and fiscal management, pursuant to standards established by the Sec- retary; and (2) receive a reasonable administrative fee, except that they may not provide other serv- ices to grant recipients with respect to projects that are the subject of the grant ap- plication and may not receive payment, di- rectly or indirectly, from the proceeds of grants they have approved. (d) ‘‘Eligible intermediary’’ defined For purposes of this section, the term ‘‘eligi- ble intermediary’’ means a State, regional, or national organization (including a quasi-public organization) or a State or local housing agency that— (1) has as a central purpose the preservation of existing affordable housing and the preven- tion of displacement; (2) does not receive direct Federal appropria- tions for operating support; (3) in the case of a national nonprofit organi- zation, has been in existence for at least 5 years prior to the date of application and has been classified by the Internal Revenue Serv- ice as an exempt organization under section 501(c)(3) of title 26; (4) in the case of a regional or State non- profit organization, has been in existence for at least 3 years prior to the date of application and has been classified by the Internal Rev- enue Service as an exempt organization under section 501(c)(3) of title 26 or is otherwise a tax-exempt entity; (5) has a record of service to low-income in- dividuals or community-based nonprofit hous- ing developers in multiple communities and, with respect to intermediaries administering assistance under section 4143 of this title, has experience with the allocation or administra- tion of grant or loan funds; and (6) meets standards of fiscal responsibility established by the Secretary. Page 1618 TITLE 12—BANKS AND BANKING § 4146 1 So in original. Probably should be ‘‘section’’. (Pub. L. 100–242, title II, § 255, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3767.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (b)(2), means title II of Pub. L. 100–242, as amended by Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249, known as the Low-Income Housing Preservation and Resident Home- ownership Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. The Emergency Low Income Housing Preservation Act of 1987, referred to in subsec. (b)(2), is title II of Pub. L. 100–242, Feb. 5, 1988, 101 Stat. 1877, which was classified principally as a note under section 1715l of this title. Title II of Pub. L. 100–242 was amended gen- erally by Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249, and is now known as the Low-Income Housing Preservation and Resident Homeownership Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. § 4146. Definitions For purposes of this subchapter— (1) the term ‘‘community-based nonprofit housing developer’’ means a nonprofit commu- nity development corporation that— (A) has been classified by the Internal Rev- enue Service as an exempt organization under section 501(c)(3) of title 26; (B) has been in existence for at least 2 years prior to the date of the grant applica- tion; (C) has a record of service to low- and mod- erate-income people in the community in which the project is located; (D) is organized at the neighborhood, city, county or multi-county level; and (E) in the case of a corporation acquiring eligible housing under subchapter I of this chapter, agrees to form a purchaser entity that conforms to the definition of a commu- nity-based nonprofit organization under such subchapter and agrees to use its best ef- forts to secure majority tenant consent to the acquisition of the project for which grant assistance is requested; and (2) the terms ‘‘eligible low-income housing’’, ‘‘nonprofit organization’’, ‘‘owner’’, and ‘‘resi- dent council’’ have the meanings given such terms in section 4119 of this title. (Pub. L. 100–242, title II, § 256, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3769.) § 4147. Funding The Secretary shall use not more than $25,000,000 of the amounts made available under section 4124(a) of this title for fiscal year 1993, and not more than $25,000,000 of the amounts made available under section 4124(a) of this title for fiscal year 1994, to carry out this subchapter. Of any amounts made available to carry out this subchapter in any appropriation Act, 90 percent shall be set aside for use in accordance with sec- tion 4143 of this title and 10 percent shall be set aside for use in accordance with subsection 1 4144 of this title. (Pub. L. 100–242, title II, § 257, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3769.) CHAPTER 43—ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES SUBCHAPTER I—DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES Sec. 4201. Filing of confidential declarations by private persons. 4202. Contents of declarations. 4203. Confidentiality of declarations. 4204. Ineligibility to file valid declarations. 4205. Rights of declarants; participation in actions, awards. 4206. Rights of declarants; notifications; Govern- ment accountability. 4207. Unreviewed declarations; petition to pursue action as private contractor. 4208. Nonreviewability of action by Attorney Gen- eral. 4209. Repealed. 4210. Sources of payments to declarants. 4211. Repealed. 4212. Protection for declarants. 4213. Promulgation of regulations. SUBCHAPTER II—DECLARATIONS PROVIDING UNITED STATES WITH NEW INFORMATION CON- CERNING RECOVERY OF ASSETS 4221. Filing of confidential declarations by private persons identifying specific assets. 4222. Contents of declarations. 4223. Confidentiality of declarations. 4224. Ineligibility to file valid declarations. 4225. Rights of declarants; participation in actions, awards. 4226. Rights of declarants; notifications; Govern- ment accountability. 4227. Unreviewed declarations; petition to pursue action as private contractor. 4228. Nonreviewability of action by Attorney Gen- eral. 4229. Protection for declarants. 4230. Promulgation of regulations. SUBCHAPTER III—USE OF PRIVATE LEGAL RESOURCES 4241. Authority to enter into contracts for private counsel. 4242. Contract decisions nonreviewable. 4243. Representation. 4244. Contract provisions. 4245. Counterclaims. 4246. Awards of costs and fees to prevailing plain- tiff. 4247. Promulgation of regulations. SUBCHAPTER I—DECLARATIONS PRO- VIDING NEW CLAIMS TO UNITED STATES § 4201. Filing of confidential declarations by pri- vate persons (a) In general Any person may file a declaration of a viola- tion giving rise to an action for civil penalties under section 1833a of this title affecting a de- pository institution insured by the Federal De- posit Insurance Corporation or any other agency or entity of the United States.