42 U.S.C. § 1437aaa — Program authority

Page 4712 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1437aa to 1437ee (bb) withhold funds otherwise dis- tributable to the troubled small public housing agency; (cc) assume possession of, and direct responsibility for, managing the public housing of the troubled small public housing agency; (dd) petition for the appointment of a receiver, in accordance with section 1437d(j)(3)(A)(ii) of this title; and (ee) exercise any other remedy avail- able to the Secretary in the event of default under the public housing an- nual contributions contract entered into by the small public housing agen- cy under section 1437c of this title. (E) Emergency actions Nothing in this paragraph may be con- strued to prohibit the Secretary from taking any emergency action necessary to protect Federal financial resources or the health or safety of residents of public housing projects. (d) Reduction of administrative burdens (1) Exemption Notwithstanding any other provision of law, a small public housing agency shall be exempt from any environmental review requirements with respect to a development or moderniza- tion project having a total cost of not more than $100,000. (2) Streamlined procedures The Secretary shall, by rule, establish streamlined procedures for environmental re- views of small public housing agency develop- ment and modernization projects having a total cost of more than $100,000. (Sept. 1, 1937, ch. 896, title I, § 38, as added Pub. L. 115–174, title II, § 209(a), May 24, 2018, 132 Stat. 1313.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after May 24, 2018, see sec- tion 209(d) of Pub. L. 115–174, set out as an Effective Date of 2018 Amendment note under section 1437g of this title. SUBCHAPTER II—ASSISTED HOUSING FOR INDIANS AND ALASKA NATIVES §§ 1437aa to 1437ee. Repealed. Pub. L. 104–330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041 Section 1437aa, act Sept. 1, 1937, ch. 896, title II, § 201, as added June 29, 1988, Pub. L. 100–358, § 2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101–625, title V, § 572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102–550, title I, § 122(a), 106 Stat. 3708, related to establishment of sepa- rate program of assisted housing for Indians and Alas- ka Natives. Section 1437bb, act Sept. 1, 1937, ch. 896, title II, § 202, as added June 29, 1988, Pub. L. 100–358, § 2, 102 Stat. 676; amended Nov. 28, 1990, Pub. L. 101–625, title V, §§ 516, 572(1), 104 Stat. 4199, 4236; Oct. 28, 1992, Pub. L. 102–550, title I, § 122(b), 106 Stat. 3709, related to mutual help homeownership opportunity program. Section 1437cc, act Sept. 1, 1937, ch. 896, title II, § 203, as added June 29, 1988, Pub. L. 100–358, § 2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101–625, title V, § 572(2), 104 Stat. 4236; Oct. 28, 1992, Pub. L. 102–550, title I, § 122(c), 106 Stat. 3709, related to public housing max- imum contributions, provision of related facilities and services, and accessibility to physically handicapped persons. Section 1437dd, act Sept. 1, 1937, ch. 896, title II, § 204, as added June 29, 1988, Pub. L. 100–358, § 2, 102 Stat. 679; amended Nov. 28, 1990, Pub. L. 101–625, title V, § 572(1), 104 Stat. 4236, related to annual report under section 3536 of this title. Section 1437ee, act Sept. 1, 1937, ch. 896, title II, § 205, as added June 29, 1988, Pub. L. 100–358, § 2, 102 Stat. 680, related to issuance of regulations to carry out this sub- chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians. § 1437ff. Transferred Editorial Notes CODIFICATION Section, Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423, which related to waiver of matching funds requirements in Indian housing programs, was transferred to section 4104 of Title 25, Indians. SUBCHAPTER II–A—HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP Editorial Notes CODIFICATION Pub. L. 104–330, title V, § 501(c)(1), Oct. 26, 1996, 110 Stat. 4042, added subchapter heading and struck out former subchapter heading which read as follows: ‘‘HOPE FOR PUBLIC AND INDIAN HOUSING HOME- OWNERSHIP’’. § 1437aaa. Program authority (a) In general The Secretary is authorized to make— (1) planning grants to help applicants to de- velop homeownership programs in accordance with this subchapter; and (2) implementation grants to carry out homeownership programs in accordance with this subchapter. (b) Authority to reserve housing assistance In connection with a grant under this sub- chapter, the Secretary may reserve authority to provide assistance under section 1437f of this title to the extent necessary to provide replace- ment housing and rental assistance for a non- purchasing tenant who resides in the project on the date the Secretary approves the application for an implementation grant, for use by the ten- ant in another project. (Sept. 1, 1937, ch. 896, title III, § 301, as added Pub. L. 101–625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4148; amended Pub. L. 102–550, title I, § 181(a)(2)(A), Oct. 28, 1992, 106 Stat. 3735.) Editorial Notes AMENDMENTS 1992—Subsec. (c). Pub. L. 102–550 struck out subsec. (c) which read as follows: ‘‘There are authorized to be Page 4713 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1437aaa–1 appropriated for grants under this subchapter $68,000,000 for fiscal year 1991 and $380,000,000 for fiscal year 1992. Any amount appropriated pursuant to this subsection shall remain available until expended.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–625, title IV, § 401, Nov. 28, 1990, 104 Stat. 4148, provided that: ‘‘This title [enacting this sub- chapter and subchapter IV (§ 12871 et seq.) of chapter 130 of this title, amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, Banks and Banking, and enacting provisions set out as notes under this section and sections 1437c and 1437aa of this title] may be cited as the ‘Homeownership and Op- portunity Through HOPE Act’.’’ ESTABLISHMENT AND IMPLEMENTATION OF REQUIREMENTS BY SECRETARY Pub. L. 101–625, title IV, § 418, Nov. 28, 1990, 104 Stat. 4161, provided that: ‘‘Not later than the expiration of the 180-day period beginning on the date that funds au- thorized under title III of the United States Housing Act of 1937 [this subchapter] first become available for obligation, the Secretary shall by notice establish such requirements as may be necessary to carry out the pro- visions of this subtitle [subtitle A (§§ 411–419) of title IV of Pub. L. 101–625, enacting this subchapter, amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title, and enacting provisions set out as notes under sections 1437c and 1437aa of this title]. Such require- ments shall be subject to section 553 of title 5, United States Code. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period beginning on the date of the notice.’’ § 1437aaa–1. Planning grants (a) Grants The Secretary is authorized to make planning grants to applicants for the purpose of devel- oping homeownership programs under this sub- chapter. The amount of a planning grant under this section 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 for ap- plicants related to development of a specific 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 of 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 subchapter. (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 public housing project or projects 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 794 of title 29, 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 project; (3) the potential of the applicant for devel- oping a successful and affordable homeowner- ship program and the suitability of the project for homeownership; (4) national geographic diversity among projects 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 sub- chapter in an effective and efficient manner. (Sept. 1, 1937, ch. 896, title III, § 302, as added Pub. L. 101–625, title IV, § 411, Nov. 28, 1990, 104 Stat. 4149; amended Pub. L. 102–550, title X, § 1012(h)(1), Oct. 28, 1992, 106 Stat. 3906.)