(9) The term "very low-income" has the same meaning as given the term "very lowincome families" under section 1437a(b)(2) of this title. (1) Allocation of funds (1) Allocation 4 Of any amount made available for assistance under this section in any fiscal year, an amount shall be used for assistance under subsection (b) of this section that is not less than the amount made available in appropriation Acts for such assistance in the preceding year, and the remainder shall be available for tenant-based assistance under subsection (n).5 (2) Capital advances Of any amounts made available for assistance under subsection (b) of this section, such sums as may be necessary shall be available for funding capital advances in accordance with subsection (c)(1) of this section. Such amounts, the repayments from such advances, and the proceeds from notes or obligations issued under this section prior to November 28, 1990, shall constitute a revolving fund to be used by the Secretary in carrying out this section. (3) Project rental assistance Of any amounts made available for assistance under subsection (b) of this section, such sums as may be necessary shall be available for funding project rental assistance in accordance with subsection (c)(2) of this section. (m) Effective date and applicability (1) In general The amendments made by this section shall take effect on October 1, 1991, with respect to projects approved on or after such date. The Secretary shall issue regulations for such purpose after notice and public comment. (2) Earlier applicability The Secretary shall, upon the request of an owner, apply the provisions of this section to any housing for which a loan reservation was made under section 1701q of title 12 before November 28, 1990, but for which no loan has been executed and recorded. In the absence of such a request, any housing identified under the preceding sentence shall continue to be subject to the provisions of section 1701q of title 12 as they were in effect when such assistance was made or reserved. (3) Coordination When responding to an owner's request under paragraph (1), the Secretary shall, notwithstanding any other provision of law, apply such portion of amounts obligated at the time of loan reservation, including amounts reserved with respect to such housing under section 1437f of this title, as are re • So in original. Probably should be subsection "(b)(2)". 'So in original. Probably should be subsection “(b)(1)”. • So in original. Probably should be subsection "(d)(1)". "See Codification note below. So in original. Probably should be subsection "(d)(2)". quired for the owner's housing under the provisions of this section and shall make any remaining portion available for other housing under this section. (Pub. L. 101-625, title VIII, § 811, Nov. 28, 1990, 104 Stat. 4324; Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 150; Pub. L. 102-550, title VI, §§ 601(d), 603, 623(a), title IX, § 913(b), Oct. 28, 1992, 106 Stat. 3803, 3805, 3818, 3877.) REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(2), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and XIX of the Act are classified generally to subchapters XVI (§ 1381 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (j)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Fair Housing Act, referred to in subsec. (j)(2), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is classified principally to subchapter I of chapter 45 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. Act of March 3, 1931 (commonly known as the Davis-Bacon Act), referred to in subsec. (j)(6)(A), is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables. Section 6001(7) of this title, referred to in subsec. (k)(2), was subsequently amended, and section 6001(7) no longer defines the term "developmental disability”. However, such term is defined elsewhere in that section. CODIFICATION Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which comprises this chapter. November 28, 1990, referred to in subsecs. (1)(2) and (m)(2), was in the original “the enactment of this Act" and "the date of enactment of this Act", respectively, see Enactment of Section note below. AMENDMENTS 1992-Pub. L. 102-550, § 623(a)(1), reenacted section catchline without change. Subsec. (b). Pub. L. 102–550, § 623(a)(2), added heading, introductory provisions, and pars. (1) and (2) and struck out former heading “General authority", introductory provisions, and pars. (1) and (2) which authorized assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which assistance would be provided as capital advances and contracts for project rental assistance, and, in concluding provisions, realigned margin and substituted "assistance under this paragraph" for "Such assistance". Subsec. (d)(1). Pub. L. 102-550, § 623(a)(3)(A), which directed the substitution of "subsection (b)(2) of this section" for "this section", was executed by making the substitution the first place appearing in first sentence, to reflect the probable intent of Congress. Subsec. (d)(3). Pub. L. 102–550, § 623(a)(3)(A), substituted "subsection (b)(2) of this section" for "this sec tion". Subsec. (d)(4). Pub. L. 102-550, § 623(a)(3)(B), added par. (4). Subsec. (e)(1). Pub. L. 102–550, § 623(a)(4), substituted "subsection (b)(2) of this section" for "this section". Subsec. (f). Pub. L. 102-550, § 623(a)(5), substituted "subsection (b)(2) of this section" for "this section" in first and second sentences. Subsec. (g). Pub. L. 102-550, § 623(a)(6), which directed the substitution of "subsection (b)(2) of this section" for "this section", was executed by making the substitution in the introductory provisions and in par. (7), to reflect the probable intent of Congress. Subsec. (j)(6). Pub. L. 102-550, § 913(b), designated existing provisions as subpar. (A), inserted subpar. heading, substituted "with 12 or more units assisted under this section" for "assisted under this section and designed for dwelling use by 12 or more persons with disabilities", inserted "commonly known as" before "the Davis-Bacon Act", struck out before period at end"; but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of such housing, voluntarily donate their services without full compensation for the purposes of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the corporation, cooperative, or public body or agency undertaking the construction", and added subpar. (B). Subsec. (k)(6). Pub. L. 102-550, § 603, struck out “incorporated private" before "institution" in introductory provisions, added subpar. (A), and redesignated former subpars. (A) to (C) as (B) to (D), respectively. Subsec. (1). Pub. L. 102-550, § 601(d)(1), substituted "Allocation of funds” for “Authorizations” in heading. Subsec. (7)(1). Pub. L. 102–550, § 601(d)(5), added par. (1). Former par. (1) redesignated (2). Pub. L. 102-550, § 601(d)(2), inserted first sentence, struck out former first sentence which authorized an appropriation of $271,000,000 for fiscal year 1992 for the purpose of funding capital advances in accordance with subsection (d)(1) of this section, and in second sentence, substituted "Such amounts" for "Amounts so appropriated”. Subsec. (1)(2). Pub. L. 102-550, § 601(d)(4), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 102-550, § 601(d)(3), added par. (2) and struck out former par. (2) which read as follows: "For the purpose of funding contracts for project rental assistance in accordance with subsection (d)(2) of this section, the Secretary may, to the extent approved in an appropriations Act, reserve authority to enter into obligations aggregating $246,000,000 for fiscal year 1992." Subsec. (1)(3). Pub. L. 102-550, § 601(d)(4), redesignated par. (2) as (3). 1991-Subsec. (k)(4). Pub. L. 102-27 substituted "24 persons with disabilities (or such higher number of persons as permitted under criteria that the Secretary shall prescribe)" for "20 persons with disabilities". EFFECTIVE Date of 1992 AMENDMENT Amendment by subtitles B through F of title VI [§§ 621-685] of Pub. L. 102-550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title. ENACTMENT OF SECTION This section was enacted as part of Pub. L. 101-625, which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 1358, set out as an Effective Date of 1990 Amendment note under section 17019 of Title 12, Banks and Banking. INAPPLICABILITY OF CERTAIN 1992 AMENDMENTS TO INDIAN PUBLIC HOUSING Amendment by section 623(a) of Pub. L. 102-550 not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of Pub. L. 102-550, set out as a note under section 1437a of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1437a, 1437e, 1437f, 1437g, 3535, 8011, 11398, 11403g of this title; title 12 sections 1701z-11, 3702, 3705. CHAPTER 90-NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND REVITALIZA TION Sec. 8101. 8102. 8103. 8104. 8105. 8106. 8107. (h) Application of other laws. (i) Meetings of board. Officers and employees. (a) Employment, compensation and ben- (b) Appointment of executive director. (d) Prohibition of political tests and (e) Employee status; applicability of administrative and cost standards of Office of Management and Budget. Powers and duties of corporation. (a) Continuance of work of Urban Reinvestment Task Force regarding neighborhood housing services programs and preservation projects. (b) General administrative powers. (c) Contracting powers. (d) Non-profit nature of corporation. Reports and audits. (a) Annual report to President and Con gress. (b) Annual audit of accounts. (c) Additional audits by General Ac counting Office. (d) Audit of grantees and contractors of corporation. (e) Annual financial audit. Appropriations. (a) Authorization. (b) Availability of funds until expended. (c) Accounting and reporting of non Federal funds. (d) Preparation of business-type budget. SUBCHAPTER II-NEIGHBORHOOD SELF-HELP DEVELOPMENT Sec. 8121 to 8124. Repealed. 8141. 8142. 8143. 8144. 8145. 8146. SUBCHAPTER III-LIVABLE CITIES Congressional findings. Definitions. Grants to or contracts with organizations. (b) Establishment of criteria and proce- (f) Certification of application. (g) Available funds not to supplant other public or private funds. (h) Availability of funds for administrative expenses. Coordination and development of program with other Federal and non-Federal programs. Authorization of appropriations. SUBCHAPTER I-NEIGHBORHOOD REINVESTMENT CORPORATION SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 12 section 1834a. § 8101. Congressional findings and declaration of purpose (a) The Congress finds that (1) the neighborhood housing services demonstration of the Urban Reinvestment Task Force has proven its worth as a successful program to revitalize older urban neighborhoods by mobilizing public, private, and community resources at the neighborhood level; and (2) the demand for neighborhood housing services programs in cities throughout the United States warrants the creation of a public corporation to institutionalize and expand the neighborhood housing services program and other programs of the present Urban Reinvestment Task Force. (b) The purpose of this subchapter is to establish a public corporation which will continue the joint efforts of the Federal financial supervisory agencies and the Department of Housing and Urban Development to promote reinvestment in older neighborhoods by local financial institutions working cooperatively with community people and local government, and which will continue the nonbureaucratic approach of the Urban Reinvestment Task Force, relying largely on local initiative for the specific design of local programs. (Pub. L. 95-557, title VI, § 602, Oct. 31, 1978, 92 Stat. 2115.) SHORT TITLE Section 601 of title VI of Pub. L. 95-557 provided that: "This title [enacting this subchapter] may be cited as the 'Neighborhood Reinvestment Corporation Act'." Section 701 of title VII of Pub. L. 95-557, which provided that such title, which was classified to subchap ter II of this chapter, was to be cited as the "Neighborhood Self-Help Development Act of 1978", was repealed by Pub. L. 97-35, title III, § 313(a), Aug. 13, 1981, 95 Stat. 398. Section 801 of title VIII of Pub. L. 95-557 provided that: "This title [enacting subchapter III of this chapter] may be cited as the 'Livable Cities Act of 1978'." § 8102. Neighborhood Reinvestment Corporation (a) Establishment There is established a Neighborhood Reinvestment Corporation (hereinafter referred to as the "corporation”) which shall be a body corporate and shall possess the powers, and shall be subject to the direction and limitations specified herein. (b) Implementation and expansion of demonstration activities The corporation shall implement and expand the demonstration activities carried out by the Urban Reinvestment Task Force. (c) Principal office The corporation shall maintain its principal office in the District of Columbia or at such other place the corporation may from time to time prescribe. (d) Exemption from taxation The corporation, including its franchise, activities, assets, and income, shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority, except that any real property of the corporation shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property is taxed. (Pub. L. 95-557, title VI, § 603, Oct. 31, 1978, 92 Stat. 2115; Pub. L. 96-399, title III, § 315(1), Oct. 8, 1980, 94 Stat. 1645.) AMENDMENTS 1980-Subsec. (a). Pub. L. 96-399 struck out “National" before "Neighborhood". § 8103. Board of Directors (a) Membership The corporation shall be under the direction of a board of directors made up of the following members: (1) the Chairman of the Federal Home Loan Bank Board or a member of the Federal Home Loan Bank Board to be designated by the Chairman; (2) the Secretary of Housing and Urban Development; (3) the Chairman of the Board of Governors of the Federal Reserve System, or a member of the Board of Governors of the Federal Reserve System to be designated by the Chairman; (4) the Chairman of the Federal Deposit Insurance Corporation or the appointive member of the Board of Directors of the Federal Deposit Insurance Corporation if so designated by the Chairman; (5) the Comptroller of the Currency; and (6) the Chairman of the National Credit Union Administration or a member of the Board of the National Credit Union Administration to be designated by the Chairman. (b) Election of chairman The Board shall elect from among its members a chairman who shall serve for a term of two years, except that the Chairman of the Federal Home Loan Bank Board shall serve as Chairman of the Board of Directors for the first such two-year term. (c) Terms of office Each director of the corporation shall serve ex officio during the period he holds the office to which he is appointed by the President. (d) Compensation and expenses The directors of the corporation, as full-time officers of the United States, shall serve without additional compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as directors of the corporation. (e) Bylaws, policies and administrative provisions The directors of the corporation shall adopt such bylaws, policies, and administrative provisions as are necessary to the functioning of the corporation and consistent with the provisions of this subchapter. (f) Director absences; designated representatives A director who is necessarily absent from a meeting of the board, or of a committee of the board, may participate in such meeting through a duly designated representative who is serving, pursuant to appointment by the President of the United States, by and with the advice and consent of the Senate, in the same department, agency, corporation, or instrumentality as the absent director, or in the case of the Comptroller of the Currency, through a duly designated Deputy Comptroller. (g) Quorum The presence of a majority of the board members, or their representatives as provided in subsection (f) of this section, shall constitute a quorum. (h) Application of other laws The corporation shall be subject to the provisions of section 552 of title 5. (i) Meetings of board All meetings of the board of directors will be conducted in accordance with the provisions of section 552b of title 5. (Pub. L. 95-557, title VI, § 604, Oct. 31, 1978, 92 Stat. 2115; Pub. L. 97-320, title VII, § 710(a), Oct. 15, 1982, 96 Stat. 1544; Pub. L. 100-242, title V, § 520(a), Feb. 5, 1988, 101 Stat. 1938; Pub. L. 100-628, title X, § 1085, Nov. 7, 1988, 102 Stat. 3278.) AMENDMENTS 1988-Subsec. (a)(1). Pub. L. 100-242, § 520(a)(1), inserted "or a member of the Federal Home Loan Bank Board to be designated by the Chairman" before semicolon. Subsec. (a)(3). Pub. L. 100-242, § 520(a)(2), added par. (3) and struck out former par. (3) which read as follows: "a member of the Board of Governors of the Federal Reserve System, to be designated by the Chairman of the Board of Governors of the Federal Reserve System;". Subsec. (a)(4). Pub. L. 100–242, § 520(a)(3), inserted "or the appointive member of the Board of Directors of the Federal Deposit Insurance Corporation if so designated by the Chairman" before semicolon. Subsec. (a)(6). Pub. L. 100-628 struck out second of the two periods at end. Pub. L. 100-242, § 520(a)(4), substituted "Chairman" for "Administrator" and inserted "or a member of the Board of the National Credit Union Administration to be designated by the Chairman." before period. 1982-Subsecs. (f) to (i). Pub. L. 97-320 added subsec. (f), redesignated former subsecs. (f) to (h) as (g) to (i), respectively, and in subsec. (g) inserted ", or their representatives as provided in subsection (f) of this section,". TRANSFER OF FUNCTIONS Federal Home Loan Bank Board abolished and functions transferred, see sections 401 to 406 of Pub. L. 101-73, set out as a note under section 1437 of Title 12, Banks and Banking. § 8104. Officers and employees (a) Employment, compensation and benefits The board shall have power to select, employ, and fix the compensation and benefits of such officers, employees, attorneys, and agents as shall be necessary for the performance of its duties under this subchapter, without regard to the provisions of title 5 governing appointments in the competitive service, classification, and General Schedule pay rates, except that no officer, employee, attorney, or agent of the corporation may be paid compensation at a rate in excess of the highest rate provided for GS-18 of the General Schedule under section 5332 of title 5. (b) Appointment of executive director The directors of the corporation shall appoint an executive director who shall serve as chief executive officer of the corporation. (c) Appointment and removal of employees by executive director The executive director of the corporation, subject to approval by the board, may appoint and remove such employees of the corporation as he determines necessary to carry out the purposes of the corporation. (d) Prohibition of political tests and qualifications in selection, etc., of personnel No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this subchapter. (e) Employee status; applicability of administrative and cost standards of Office of Management and Budget Officers and employees of the corporation shall not be considered officers or employees of the United States, and the corporation shall not be considered a department, agency, or in strumentality of the Federal Government. The corporation shall be subject to administrative and cost standards issued by the Office of Management and Budget similar to standards applicable to non-profit grantees and educational institutions. (Pub. L. 95-557, title VI, § 605, Oct. 31, 1978, 92 Stat. 2116.) REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. § 8105. Powers and duties of corporation (a) Continuance of work of Urban Reinvestment Task Force regarding neighborhood housing services programs and preservation projects (1) The corporation shall continue the work of the Urban Reinvestment Task Force in establishing neighborhood housing services programs in neighborhoods throughout the United States, monitoring their progress, and providing them with grants and technical assistance. For the purpose of this paragraph, a neighborhood housing services program may involve a partnership of neighborhood residents and representatives of local governmental and financial institutions, organized as a State-chartered non-profit corporation, working to bring about reinvestment in one or more neighborhoods through a program of systematic housing inspections, increased public investment, increased private lending, increased resident investment, and a revolving loan fund to make loans available at flexible rates and terms to homeowners not meeting private lending crite ria. (2) The corporation shall continue the work of the Urban Reinvestment Task Force in identifying, monitoring, evaluating, and providing grants and technical assistance to selected neighborhood preservation projects which show promise as mechanisms for reversing neighborhood decline and improving the quality of neighborhood life. (3) The corporation shall experimentally replicate neighborhood preservation projects which have demonstrated success, and after creating reliable developmental processes, bring the new programs to neighborhoods throughout the United States which in the judgment of the corporation can benefit therefrom, by providing assistance in organizing programs, providing grants in partial support of program costs, and providing technical assistance to ongoing programs. (4) The corporation shall continue the work of the Urban Reinvestment Task Force in supporting Neighborhood Housing Services of America, a nonprofit corporation established to provide services to local neighborhood housing services programs, with support which may include technical assistance and grants to expand its national loan purchase pool and may contract with it for services which it can perform more efficiently or effectively than the corporation. (5) The corporation shall, in making and providing the foregoing grants and technical and other assistance, determine the reporting and management restrictions or requirements with which the recipients of such grants or other assistance must comply. In making such determinations, the corporation shall assure that recipients of grants and other assistance make available to the corporation such information as may be necessary to determine compliance with applicable Federal laws. (b) General administrative powers To carry out the foregoing purposes and engage in the foregoing activities, the corporation is authorized (1) to adopt, alter, and use a corporate seal; (2) to have succession until dissolved by Act of Congress; (3) to make and perform contracts, agreements, and commitments; (4) to sue and be sued, complain and defend, in any State, Federal, or other court; (5) to determine its necessary expenditures and the manner in which the same shall be incurred, allowed, and paid, and appoint, employ, and fix and provide for the compensation of consultants, without regard to any other law, except as provided in section 8107(d) of this title; (6) to settle, adjust, and compromise, and with or without compensation or benefit to the corporation to release or waive in whole or in part, in advance or otherwise, any claim, demand, or right of, by, or against the corporation; (7) to invest such funds of the corporation in such investments as the board of directors may prescribe; (8) to acquire, take, hold, and own, and to deal with and dispose of any property; and (9) to exercise all other powers that are necessary and proper to carry out the purposes of this subchapter. (c) Contracting powers (1) The corporation may contract with the Office of Neighborhood Reinvestment of the Federal home loan banks for all staff, services, facilities, and equipment now or in the future furnished by the Office of Neighborhood Reinvestment to the Urban Reinvestment Task Force, including receiving the services of the Director of the Office of Neighborhood Reinvestment as the corporation's executive director. (2) The corporation shall have the power to award contracts and grants to (A) neighborhood housing services corporations and other nonprofit corporations engaged in neighborhood preservation activities; and (B) local governmental bodies. |