42 U.S.C. § 1435 — Access to books, documents, etc., for pur-

Page 4519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1436a is the first day after the first full calendar month fol- lowing approval of Pub. L. 87–70, which was approved on June 30, 1961. CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. Section was formerly classified to sections 1446 of this title and 1715s of Title 12, Banks and Banking. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing and Urban Development’’ for ‘‘Federal Housing Com- missioner’’ in second sentence and ‘‘Department of Housing and Urban Development’’ for ‘‘Housing and Home Finance Agency (or any official or constituent thereof)’’ and ‘‘Housing and Home Finance Agency (or such official or constituent thereof)’’ in first sentence and for ‘‘Housing and Home Finance Agency or any of- ficial or constituent agency thereof’’ in third sentence, respectively. 1961—Pub. L. 87–70 required record keeping provisions in contracts under the Housing Act of 1949 and in con- tracts under any other act, prohibited insurance of mortgages covering new or rehabilitated multifamily housing unless the mortgagor certifies that he will keep records, and empowered the Comptroller General to examine and audit records, and substituted ‘‘Hous- ing Act of 1961’’ for ‘‘Housing Act of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE The fourth sentence of section 814 of act Aug. 2, 1954, ch. 649, 68 Stat. 647 (prior to the amendment by section 908 of Pub. L. 87–70), provided that this section is effec- tive on first day after first calendar month following the date of approval of the act (Aug. 2, 1954). § 1435. Access to books, documents, etc., for pur- pose of audit Every contract for loans or annual contribu- tions under the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et seq.], shall provide that the Secretary of Housing and Urban Development and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, doc- uments, papers, and records of the public hous- ing agency entering into such contract that are pertinent to its operations with respect to finan- cial assistance under the United States Housing Act of 1937, as amended. (Aug. 2, 1954, ch. 649, title VIII, § 816, 68 Stat. 647; Pub. L. 90–19, § 10(i), May 25, 1967, 81 Stat. 23.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, as amended, referred to in text, 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, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. CODIFICATION Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter. AMENDMENTS 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing and Urban Development’’ for ‘‘Public Housing Commis- sioner’’. § 1436. Repealed. Pub. L. 91–609, title V, § 503(4), Dec. 31, 1970, 84 Stat. 1786 Section, Pub. L. 87–70, title II, § 207, June 30, 1961, 75 Stat. 165; Pub. L. 88–560, title II, § 203(e), title IV, § 407, Sept. 2, 1964, 78 Stat. 784, 796; Pub. L. 89–117, title XI, § 1105, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90–19, § 18(a), May 25, 1967, 81 Stat. 25; Pub. L. 90–448, title XVII, § 1714(a), Aug. 1, 1968, 82 Stat. 607, provided for low-rent housing demonstration programs and development grants. See section 1701z–1 et seq. of Title 12, Banks and Banking. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL: SAVINGS PROVISION Pub. L. 91–609, title V, § 503, Dec. 31, 1970, 84 Stat. 1785, provided in part for repeal of sections 1701d–3, 1701e, 1701e note, and 1701f of Title 12, Banks and Banking, this section, note below, section 1452a, section 1456 note, and sections 3372, 3373 of this title, effective July 1, 1971, except that the repeal shall not affect contracts, commitments, reservations, or other obligations en- tered pursuant to such provisions prior to July 1, 1971. REPORT OF SELF-HELP STUDIES AND DEMONSTRATIONS Pub. L. 90–448, title XVII, § 1714(b), Aug. 1, 1968, 82 Stat. 607, providing for report to Congress within one year after Aug. 1, 1968, respecting self-help studies and demonstrations, was repealed by Pub. L. 91–609, title V, § 503(7), Dec. 31, 1970, 84 Stat. 1786. § 1436a. Restriction on use of assisted housing by non-resident aliens (a) Conditions for assistance Notwithstanding any other provision of law, the applicable Secretary may not make finan- cial assistance available for the benefit of any alien unless that alien is a resident of the United States and is— (1) an alien lawfully admitted for permanent residence as an immigrant as defined by sec- tion 1101(a)(15) and (20) of title 8, excluding, among others, alien visitors, tourists, dip- lomats, and students who enter the United States temporarily with no intention of aban- doning their residence in a foreign country; (2) an alien who entered the United States prior to June 30, 1948, or such subsequent date as is enacted by law, has continuously main- tained his or her residence in the United States since then, and is not ineligible for citi- zenship, but who is deemed to be lawfully ad- mitted for permanent residence as a result of an exercise of discretion by the Attorney Gen- eral pursuant to section 1259 of title 8; (3) an alien who is lawfully present in the United States pursuant to an admission under section 1157 of title 8 or pursuant to the grant- ing of asylum (which has not been terminated) under section 1158 of title 8; (4) an alien who is lawfully present in the United States as a result of an exercise of dis- cretion by the Attorney General for emergent reasons or reasons deemed strictly in the pub- lic interest pursuant to section 1182(d)(5) of title 8; (5) an alien who is lawfully present in the United States as a result of the Attorney Gen- eral’s withholding deportation pursuant to section 1231(b)(3) of title 8; (6) an alien lawfully admitted for temporary or permanent residence under section 1255a of title 8; or