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42 U.S.C. § 12748 — HOME Investment Trust Funds

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12748 — HOME Investment Trust Funds

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Page 8465 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12749 1 So in original. Probably should be section ‘‘12753’’. Pub. L. 104–330, title V, § 505(b), Oct. 26, 1996, 110 Stat. 4044, provided that: ‘‘The amendments under subsection (a) [amending this section and section 12838 of this title] shall apply with respect to amounts made avail- able for assistance under title II of the Cranston-Gon- zalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] for fiscal year 1998 and fiscal years thereafter.’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 211(a)(2) of Pub. L. 102–550 ap- plicable with respect to fiscal year 1993 and thereafter, see section 211(b) of Pub. L. 102–550, set out as a note under section 12704 of this title. Amendment by sections 202(b) and 203(b) of Pub. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. APPLICABILITY OF GRANT THRESHOLDS Grant thresholds provided for in subsec. (b) of this section as amended by Pub. L. 102–550 to apply notwith- standing any other provision of law, see section 202(c) of Pub. L. 102–550, set out as a note under section 12746 of this title. EXPEDITED ISSUANCE OF REGULATION Pub. L. 102–550, title II, § 211(a)(3), Oct. 28, 1992, 106 Stat. 3757, provided that: ‘‘The regulation referred to in the amendment made by paragraph (2)(D) [amending this section] shall take effect not later than the expira- tion of the 90-day period beginning on the date of the enactment of this Act [Oct. 28, 1992]. The regulation shall not be subject to the requirements of subsections (b) and (c) of section 553 of title 5, United States Code, or section 7(o) of the Department of Housing and Urban Development Act [42 U.S.C. 3535(o)].’’ § 12748. HOME Investment Trust Funds (a) Establishment The Secretary shall establish for each partici- pating jurisdiction a HOME Investment Trust Fund, which shall be an account (or accounts as provided in section 12749(c) of this title) for use solely to invest in affordable housing within the participating jurisdiction’s boundaries or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdictions in accordance with the provisions of this part. (b) Line of credit The Secretary shall establish a line of credit in the HOME Investment Trust Fund of each participating jurisdiction, which line of credit shall include— (1) funds allocated or reallocated to the par- ticipating jurisdiction under section 12747 of this title, and (2) any payment or repayment made pursu- ant to section 12749 of this title. (c) Reductions A participating jurisdiction’s line of credit shall be reduced by— (1) funds drawn from the HOME Investment Trust Fund by the participating jurisdiction, (2) funds expiring under subsection (g), and (3) any penalties assessed by the Secretary under section 12754 1 of this title. (d) Certification A participating jurisdiction may draw funds from its HOME Investment Trust Fund, but not to exceed the remaining line of credit, only after providing certification that the funds shall be used pursuant to the participating jurisdiction’s approved housing strategy and in compliance with all requirements of this subchapter. When such certification is received, the Secretary shall immediately disburse such funds in accord- ance with the form of the assistance determined by the participating jurisdiction. (e) Investment within 15 days The participating jurisdiction shall, not later than 15 days after funds are drawn from the ju- risdiction’s HOME Investment Trust Fund, in- vest such funds, together with any interest earned thereon, in the affordable housing for which the funds were withdrawn. (f) No interest or fees The Secretary shall not charge any interest or levy any other fee with regard to funds in a HOME Investment Trust Fund. (g) Expiration of right to draw funds If any funds becoming available to a partici- pating jurisdiction under this subchapter are not placed under binding commitment to afford- able housing within 24 months after the last day of the month in which such funds are deposited in the jurisdiction’s HOME Investment Trust Fund, the jurisdiction’s right to draw such funds from the HOME Investment Trust Fund shall ex- pire. The Secretary shall reduce the line of cred- it in the participating jurisdiction’s HOME In- vestment Trust Fund by the expiring amount and shall reallocate the funds by formula in ac- cordance with section 12747(d) of this title. (h) Administrative provision The Secretary shall keep each participating jurisdiction informed of the status of its HOME Investment Trust Fund, including the status of amounts under various stages of commitment. (Pub. L. 101–625, title II, § 218, Nov. 28, 1990, 104 Stat. 4109; Pub. L. 102–550, title II, §§ 203(c), 221, Oct. 28, 1992, 106 Stat. 3752, 3762.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550, § 221, inserted ‘‘or within the boundaries of contiguous jurisdictions in joint projects which serve residents from both jurisdic- tions’’ after ‘‘boundaries’’. Subsec. (g). Pub. L. 102–550, § 203(c), substituted ‘‘If’’ for ‘‘Except as provided in section 12747(b)(1)(A)(ii) of this title, if’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–550 applicable to unex- pended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifi- cally provided, see section 223 of Pub. L. 102–550, set out as a note under section 12704 of this title. § 12749. Repayment of investment (a) In general Any repayment of funds drawn from a jurisdic- tion’s HOME Investment Trust Fund, and any payment of interest or other return on the in- vestment of such funds, shall be deposited in

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12721 — Labor

**(a) In general** Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract. **(b) Waiver** Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.

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42 U.S.C. § 12721 — Findings

Page 8451 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12721 the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990]. ‘‘(b) TASK FORCE.—To develop the plan, the Secretary shall form a task force to make recommendation[s] on financing energy efficiency in private mortgages, through the policies of Federal agencies and federally chartered financial institutions, mortgage bankers, homebuilders, real estate brokers, private mortgage in- surers, energy suppliers, and nonprofit housing and en- ergy organizations. The task force shall include, but not be limited to, individuals representing the Federal Housing Administration mortgage programs of the De- partment of Housing and Urban Development, the Farmers Home Administration mortgage loan and in- surance programs of Department of Agriculture, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association. The Task Force shall determine whether notifying potential home purchasers of the availability of energy efficient mortgages would promote energy efficiency in residen- tial buildings, and if so, the Task Force shall rec- ommend appropriate notification guidelines, and agen- cies and organizations referred to in the preceding sen- tence are authorized to implement such guidelines.’’ ENERGY EFFICIENCY DEMONSTRATION Pub. L. 101–625, title IX, § 961, Nov. 28, 1990, 104 Stat. 4424, directed Secretary of Housing and Urban Develop- ment to establish a program to demonstrate various methods of improving the energy efficiency of existing housing, provided for funding, provided that the dem- onstration determine appropriate design, improvement, and rehabilitation methods and practices for increasing residential energy efficiency in housing already con- structed, and directed

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12721

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12748 — Development of model programs

**(a) In general** The Secretary shall— (1) in cooperation with participating jurisdictions, government-sponsored mortgage finance corporations, nonprofit organizations, the private sector, and other appropriate parties, develop, test, evaluate, refine, and, as necessary, replace a selection of model programs designed to carry out the purposes of this subchapter; (2) make available to participating jurisdictions alternative model programs, which shall include suggested guidelines, procedures, forms, legal documents and such other elements as the Secretary determines to be appropriate; (3) assure, insofar as is feasible, the availability of an appropriate variety of model programs designed for local market conditions, housing problems, project characteristics, and managerial capacities as they differ among participating jurisdictions; (4) negotiate and enter into agreements with agencies of the Federal Government, participating jurisdictions, private financial institutions, government-sponsored mortgage finance corporations, nonprofit organizations, and other entities to provide such services, products, or financing as may be required for the implementation of a model program; (5) provide detailed information on model programs as requested by participating jurisdictions, private financial institutions, developers, nonprofit organizations, and other interested parties; and (6) encourage the use of such model programs to achieve efficiency, economies of scale, and effectiveness in the investment of funds made available under this part through third-party training, printed materials, and such other means of support as the Secretary determines will achieve the purpose of this subchapter. **(b) Adoption of programs** Except as provided in [section 12753(2) of this titl

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42 U.S.C. § 3535 — Administrative provisions

**(a) Transfer of personnel, assets, etc.** The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the functions, powers, and duties transferred by [section 3534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3534&num=0&edition=prelim) are hereby transferred with such functions, powers, and duties, respectively. **(b) Repealed. Pub. L. 90–448, title VIII, § 807(d), Aug. 1, 1968, 82 Stat. 544** **(c) Employment, compensation, authority, and duties of personnel** The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, as shall be necessary to carry out the provisions of this chapter and to prescribe their authority and duties: Provided, That any other provision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions in level V of the Executive Schedule provided by subchapter II of chapter 53 of title 5. **(d) Delegation of authority; rules and regulations** The Secretary may delegate any of his functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. **(e) Temporary employment of experts or consultants; compensati

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3535

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3535 — Administrative provisions

Page 5925 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 § 3535. Administrative provisions (a) Transfer of personnel, assets, etc. The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropria- tions, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the func- tions, powers, and duties transferred by section 3534 of this title are hereby transferred with such functions, powers, and duties, respectively. (b) Repealed. Pub. L. 90–448, title VIII, § 807(d), Aug. 1, 1968, 82 Stat. 544 (c) Employment, compensation, authority, and duties of personnel The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attor- neys, as shall be necessary to carry out the pro- visions of this chapter and to prescribe their au- thority and duties: Provided, That any other pro- vision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions in level V of the Executive Schedule provided by sub- chapter II of chapter 53 of title 5. (d) Delegation of authority; rules and regulations The Secretary may delegate any of his func- tions, powers, and duties to such officers and employees of the Department as he may des- ignate, may authorize such successive redelega- tions of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. (e) Temporary employment of experts or consult- ants;

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3535

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 3535. This identifies an authority to review, not proof of applicability.