text:
Page:United States Statutes at Large Volume 95.djvu/402

 95 STAT. 376

Appropriation authorization.

Effective date. 7 USC 251 note.

PUBLIC LAW 97-35—AUG. 13, 1981 earned on this account such interest shall be credited to the account for use by the Secretary in providing such services."; and (2) amending section 31 (7 U.S.C. 271) to read as follows: "SEC. 31. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act other than those services for which fees are authorized pursuant to section 10. Such appropriated funds may be used by the Secretary to employ qualified persons not regularly in the service of the United States for temporary assistance in carrying out the provisions of this Act.". (b) The provisions of this section shall become effective October 1, 1981. NAVAL STORES INSPECTION AND RELATED SERVICES

Fees and charges.

7 USC 93.

Appropriation authorization. Effective date. 7 USC 94 note.

SEC. 159. (a) The Naval Stores Act is amended by— (1) in the second sentence of section 4 (7 U.S.C. 94) striking out "on tender of the cost thereof as required by him,"; and (2) amending section 8 (7 U.S.C. 98) to read as follows: "SEC. 8. (a) The Secretary of Agriculture shall fix and cause to be collected fees and charges for the establishment of standards under section 3 of this Act and for examinations, analyses, classifications, and other services under section 4 of this Act which shall cover, as nearly as practicable, the costs of providing such services and standards as the Secretary shall deem necessary, including administrative and supervisory costs. Such fees and charges, when collected, shall be credited to the current appropriation account that incurs such costs and shall be available without fiscal year limitation to pay the expenses of the Secretary incident to providing such services and standards under this Act. Fees and charges shall be assessed and collected from processors and warehousers of naval stores, and inspection and related services shall be suspended or denied to any such processor or warehouser upon failure to timely pay the fees and charges assessed. "(b) There are hereby authorized to be appropriated such sums as may be necessary for the enforcement and administration of this Act.". (b) The provisions of this section shall become effective October 1, 1981. PART 3—FARMERS HOME ADMINISTRATION PROGRAMS INTEREST RATES ON FARMERS HOME ADMINISTRATION WATER AND WASTE DISPOSAL AND COMMUNITY FACILITY LOANS, LOANS TO LOWINCOME LIMITED RESOURCE BORROWERS, AND LOANS FOR NONFARM FACILITIES ON PRIME FARMLANDS

SEC 160. (a) Section 307(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)) is amended by— (1) in paragraph (2), striking out "and (5) and inserting in lieu thereof ^'(5), and (6)"; (2) in paragraph (4), striking out "The" and inserting in lieu thereof Except as provided in paragraph (6), the"; (3) amending paragraph (3) to read as follows: "(3)(A) Except as provided in paragraph (6), the interest rates on loans (other than guranteed loans), to public bodies or nonprofit associations (inclu(Cng Indian tribes on Federal and State reservations and other federally recognized Indian tribal groups) for water and waste disposal facilities and essential community facilities shall be set by the Secretary at rates not to exceed the current market 3rield

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Page:United States Statutes at Large Volume 95.djvu/403

 PUBLIC LAW 97-35—AUG. 13, 1981 for outstdnding municipal obligations with remaining periods to maturity comparable to the average maturity for such loans, and adjusted to the nearest one-eighth of 1 per centum; and not in excess of 5 per centum per annum for any such loans which are for the upgrading of existing facilities or construction of new facilities as required to meet applicable health or sanitary standards in areas where the median family income of the persons to be served by such facility is below the poverty line prescribed by the Office of Management and Budget as adjusted under section 624 of the Economic Opportunity Act of 1964 (42 U.S.C 2971d) and in other areas as the Secretary may designate where a significant percentage of the persons to be served by such facilities are of low income, as determined by the Secretary. "(B) Except as provided in paragraph (6), the interest rates on loans (other than guaranteed loans) under section 310D of this title shall be as determined by the Secretary, but not in excess of one-half of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, nor less than 5 per centum per annum."; and (4) adding at the end thereof a new paragraph (6) as follows: "(6)(A) Notwithstanding any other provision of this section, in the case of loans (other than guaranteed loans) made or insured under the authorities of this Act specified in subparagraph (B) for activities that involve the use of prime farmland as defined in subparagraph (C), the interest rates shall be the interest rates otherwise applicable under this section increased by 2 per centum per annum. Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in the preceding sentence shall be placed on land that is not prime farmland, in order to preserve the maximum practicable amount of prime farmlands for production of food and fiber. Where other options exist for the siting of such construction and where the governmental authority still desires to carry out such construction on prime farmland, the 2 per centum interest rate incregise provided by this clause shall apply, but such increased interest rate shall not apply where such other options do not exist. "(B) The authorities referred to in subparagraph (A) are— "(i) clauses (2) and (3) of section 303(a), "(ii) the provisions of section 304(a) relating to the financing of outdoor recreational enterprises or the conversion of farming or rsmching operations to recreational uses, "(iii) section 304(b), "(iv) the provisions of section 306(a)(l) relating to loans for recreational developments and essential community facilities, "(v) section 306(a)(15), "(vi) clause (1) of section 310B(a), "(vii) subsections (d) and (e) of section 310B, and "(viii) section 310D(a) as it relates to the making or insuring of loans under clauses (2) and (3) of section 303(a). "(C) For purposes of this paragraph, the term 'prime farmland' means prime farmlands and unique farmland as those terms are defined in sections 657.5 (a) and (b) of title 7, Code of Federal Regulations (1980).". (b) Section 316(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)) is amended by— (1) inserting "(1)" after "(a)";

95 STAT. 377

'7 USC 1934.

7 USC 1923. '^ use 1924.

'^ use 1926. 7 USC 1932. 7 USC 1934. "Prime farmland."

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: Dictionary of National Biography, 1885-1900/Winston, Charles


text:
Page:United States Statutes at Large Volume 95.djvu/404

 95 STAT. 378

7 USC 1942. Ante, p. 376.

Effective date. 7 USC 1927 note.

PUBLIC LAW 97-35—AUG. 13, 1981 (2) inserting in the second sentence "and loans as provided in paragraphs (2) and (3)" after "except for guaranteed loans"; and (3) adding at the end thereof new paragraphs (2) and (3) as follows: "(2) The interest rate on any loan (other than a guaranteed loan) to a low-income, limited resource borrower under this subtitle shall be the interest rate otherwise applicable under this section reduced by 3 per centum per annum. "(3) The interest rate on any loan (other than a guaranteed loan) made or insured under clause (5) of section 312(a) for activities that involve the use of prime farmland as defined in section 307(a)(6)(C) shall be the interest rate otherwise applicable under this section increased by 2 per centum per annum.". (c) The amendments made by this section shall apply to loans approved after September 30, 1981. EMERGENCY LOAN AMOUNTS

SEC. 161. Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended by inserting "only to the extent and in such amounts as provided in advance in appropriation Acts" after "The Secretary shall make and insure loans under this subtitle". INTEREST RATES ON EMERGENCY LOANS FOR ACTUAL LOSS

Effective date. 7 USC 1964 note.

SEC. 162. (a) Section 324(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1964(b)(l)) is amended to read as follows: "(1) For loans or portions of loans up to the amount of the applicant's actual loss caused by the disaster, as limited under subsection (a)(1) of this section, the interest shall be at rates prescribed by the Secretary, but (A) if the applicant is not able to obtain sufficient credit elsewhere, not in excess of 8 per centum per annum, and (B) if the applicant is able to obtain sufficient credit elsewhere, not in excess of the rate prevailing in the private market for similar loans, as determined by the Secretary; and". (b) The amendments made by this section shall apply to loans made with respect to disasters occurring after September 30, 1981. ELIGIBILITY FOR ASSISTANCE BASED ON PRODUCTION LOSS

7 USC 1970.

SEC. 163. Section 329 of the Consolidated Farm and Rural Development Act is amended to read as follows: "SEC. 329. The Secretary shall make financial assistance under this subtitle available to any applicant seeking assistance based on production losses if the applicant shows that a single enterprise which constitutes a basic part of the applicant's farming, ranching, or aquaculture operation has sustained at least a 30 per centum loss of normal per acre or per animal production, or such lesser per centum of loss as the Secretary may determine, as a result of the disaster based upon the average monthly price in effect for the previous year and the applicant otherwise meets the conditions of eligibility prescribed under this subtitle. Such loans shall be made available based upon 80 per centum, or such greater per centum as the Secretary may determine, of the total calculated actual production loss sustained by the applicant.".

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Page:United States Statutes at Large Volume 95.djvu/405

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 379

INSURED LOAN LIMITS

SEC. 164. Section 346 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994) is amended by adding at the end thereof a new subsection (d) as follows: "(d) Notwithstanding any contrary provisions of subsection (b) of this section, for fiscal year 1982, loans are authorized to be insured, or made to be sold and insured, as follows: "(1) From the Agricultural Credit Insurance Fund— "(A) insured real estate loans for farm ownership purposes, $700,000,000, and "(B) insured operating loans, $1,325,000,000. Not less than 20 per centum of the insured loans authorized for farm ownership purposes and not less that 20 per centum of the insured loans authorized for farm operating purposes shall be for low-income, limited-resource applicants. "(2) From the Rural Development Insurance Fund— "(A) insured water and waste disposal loans, $300,000,000, and "(B) insured community facility loans, $130,000,000.". PART 4—RURAL ELECTRIFICATION ADMINISTRATION PROGRAMS RURAL ELECTRIFICATION ACT AMENDMENTS

SEC. 165. (a) Section 305(b) of the Rural Electrification Act of 1936 (7 U.S.C. 935(b)) is amended to read as follows: "(b) Insured loans made under this title shall bear interest at 5 per insured loans, centum per annum, except that the Administrator may make insured interest rates. loans to electric or telephone borrowers at a lesser interest rate, but not less than 2 per centum per annum, if, in the Administrator's sole discretion, the Administrator finds that the borrower— "(1) has experienced extreme financial hardship; or "(2) cannot, in accordance with generally accepted management and accounting principles and without charging rates to its customers or subscribers so high as to create a substantial disparity between such rates and the rates charged for similar service in the same or nearby areas by other suppliers, provide service consistent with the objectives of this Act.". (b) Section 306 of the Rural Electrification Act of 1936 (7 U.S.C. 936) is amended by— (1) inserting immediately after the second sentence the following: "With respect to guarantees issued by the Administrator under this section, on the request of the borrower of any such loan so guaranteed, the loan shall be made by the Federal Fiuancing Bank and at a rate of interest that is not more than the rate of interest applicable to other similar loans then being made or purchsised by the Bank."; and (2) striking our "a loan insured at the standard rate" in the fourth sentence and inserting in lieu thereof "an insured loan". (c) Section 307 of the Rural Electrification Act of 1936 (7 U.S.C. 937) is amended by striking out "a loan insured at the standard rate" and inserting in lieu thereof "an insured loan". (d) The amendments made by subsection (a) of this section shall 7 USC 935 note apply to loans the applications for which are received by the Rural Electrification Administration after July 24, 1981.

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text: Dictionary of National Biography, 1885-1900/Winter, Edward


text: Index:United States Statutes at Large Volume 96 Part 1.djvu


text: Dictionary of National Biography, 1885-1900/Winter, John


text:
Page:United States Statutes at Large Volume 95.djvu/406

 95 STAT. 380

PUBLIC LAW 97-35—AUG. 13, 1981

TITLE II—ARMED SERVICES AND DEFENSE-RELATED PROGRAMS Subtitle A—Strategic and Critical Materials AUTHORIZATION OF DISPOSALS Effective date. 7 USC 98d note.

Effective date.

Effective date.

Expiration.

SEC. 201. (a) Effective on October 1, 1981, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), such quantities having been determined to be excess to the current requirements of the stockpile: (1) 1,000,000 pounds of iodine. (2) 1,500,000 carats of diamonds, industrial crushing bort. (3) 710,253 pounds of mercuric oxide. (4) 50,000 flasks of mercury. (5) 6,000,000 pounds of mica, muscovite splittings. (6) 25,000 pounds of mica, phlogopite splittings. (7) 46,537,000 troy ounces of silver. (8) 1,000 short tons of antimony. (9) 2,000 short tons of asbestos chrysotile. (10) 50,000 pounds of mica muscovite film, first and second qualities. (11) 50,000 pounds of mica muscovite block, stained and lower. (12) 700 long tons of vegetable tannin extract, wattle. (b) Effective on October 1, 1982, the President is authorized to dispose of the followii^ quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile: (1) 44,682,000 troy ounces of silver. (2) 1,00 short tons of antimony. (3) 2,000 short tons of asbestos chrysotile. (4) 1,500,000 carats of diamond stones. (5) 1,000,000 pounds of iodine. (6) 50,000 pounds of mica muscovite film, first and second qualities. (7) 50,000 pounds of mica muscovite block, stained and lower. (8) 697 long tons of vegetable teinnin extract, wattle. (c) Effective on October 1, 1983, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile: (1) 13,900,000 troy ounces of silver. (2) 1,000 short tons of antimony. (3) 6,000 short tons of asbestos amosite. (4) 2,000 short tons of asbestos chrysotile. (5) 1,500,000 carats of diamond stones. (6) 197,465 carats of diamonds, industrial crushing bort. (7) 213,000 pounds of iodine. (8) 50,000 poimds of mica muscovite film, first and second qualities. (9) 50,000 pounds of mica muscovite block, stained and lower. (d)(1) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in paragraphs (7) through (12) of subsection (a) eiq;>ires on September 30, 1982.

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Page:United States Statutes at Large Volume 95.djvu/407

 PUBLIC LAW 97-35-AUG. 13, 1981

95 STAT. 381

(2) The. authority to enter into contracts for the disposal of materi- Expiration. als in the stockpue under the disposal authorizations contained in subsection (b) expires on September 30, 1983. (3) The authori^ to enter into contracts for the disposal of materi- Expiration. als in the stockpue under the disposal authorizations contained in subsection (c) expires on September 30, 1984. (e) Any disposal under the authority of subsection (a), (b), or (c) shall' be carried out in accordance with the provisions of the S t r a t ^ c and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). (fKD The authority contained in subsections (b)(1) and (c)(1) shall not become effective unless the President, not later than September 1, 1982, determines that the silver authorized for disposal by such subsections is excess to the requirements of the stockpile as of that date. (2) A determination by the President under paragraph (1) shall be based upon consideration of such factors as the President considers relevant, including the following factors: (A) The demand for silver in each of the next ten years for the industrial, military, and naval needs of the United States for national defense. (B) The domestic supply of silver for each of the next ten years, as a function of price, that would be available to meet the demand identified under subparagraph (A). (C) The potential dependency of the United States on foreign supplies of silver in each of the next ten years to meet the demand identified under subparagraph (A). (D) The effect of disposal under subsections (b)(1) and (c)(1) on (i) the world silver market (in terms of price and supply), (ii) the domestic and international silver mining industry (in terms of exploration and production), (iii) international currency and monetary policy, and (iv) long range military preparedness. (3) If the President makes a determination described in paragraph Report to (1), he shall promptly report to the Committees on Armed Services of congressional the Senate and House of Representatives that he has made such committees. determination and shall include a detailed discussion and analysis of the factors set forth in paragraph (2) and other relevant factors. AUTHORIZATION OP APPROPRIATIONS

SEC. 202. (a) Effective on October 1, 1981, there is authorized to be so use 98d note. appropriated the sum of $535,000,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)). (b) Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 lJ.S.C.98etseq.). IMPROVEMENTS IN STOCKPILE MANAGEMENT

SEC. 203. (a) Section 5(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(a)) is amended— (1) by inserting "(1)" after "(a)"; (2) by inserting "and other incidental expenses" after "transportation"; (3) by striking out "for a period of five fiscal years, if so provided in appropriation Acts" and inserting in lieu thereof

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text: Dictionary of National Biography, 1885-1900/Winter, Samuel


text:
Page:United States Statutes at Large Volume 95.djvu/408

 95 STAT. 382

PUBLIC LAW 97-35—AUG. 13, 1981

"until expended, unless otherwise provided in appropriation Acts"; and (4) by adding at the end thereof the following new paragraph: "(2) If for any fiscal year the President proposes certain stockpile transactions in the annual materials plan submitted to Congress for 50 USC 98h-2. that year under section 11(b) and after that plan is submitted the President proposes (or Congress requires) a significant change in any such transaction, or a significant transaction not included in such plan, no amount may be obligated or expended for such transaction during such year until the President has submitted a full statement of the proposed transaction to the appropriate committees of Congress and a period of 30 days has passed from the date of the receipt of such statement by such committees or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction. In computing any 30-day period for the purpose of the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.". (b) Section 5(b) of such Act (50 U.S.C. 98d(b)) is amended— (1) by inserting "(1)" after "from the stockpile"; and (2) by striking out the period at the end and inserting in lieu thereof ", or (2) if the disposal would result in there being a balance in the National Defense Stockpile Transaction Fund in excess of $1,000,000,000 or, in the case of a disposal to be made after September 30, 1983, if the disposal would result in there being a balance in the fund in excess of $500,000,000.". (c) Section 6(a)(6) of such Act (50 U.S.C. 98e(a)(6)) is amended by inserting "subject to the provisions of section 5(b)," after "(6)". (d)(1) Section 9(b)(l) of such Act (50 U.S.C. 98h(b)(l)) is amended by striking out "or until" and all that follows in such section and inserting in lieu thereof a period. (2) Section 9(b)(3) of such Act (50 U.S.C. 98h(b)(3)) is amended to read as follows: "(3) Moneys in the fund, when appropriated, shall remain available until expended, unless otherwise provided in appropriation Acts.". (e) Section 11 of such Act (50 U.S.C. 98h-2) is amended— (1) by inserting "(a)" after "SEC. 11."; and (2) by adding at the end thereof the following new subsection: Report to "(b) The President shall submit to the appropriate committees of congressional the Congress each year with the Budget submitted to Congress committees. pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year a report containing an annual materials plan for the operation of the stockpile during such fiscal year and the succeeding four fiscal years. Each such report shall include details of planned expenditures for acquisition of strategic and critical materials during such period (including expenditures to be made from appropriations from the general fund of the Treasury) and of anticipated receipts from proposed disposals of stockpile materials during such period.". Effective date. (f) The amendments made by subsection (a) shall apply with respect 50 USC 98d note. to funds appropriated for fiscal years beginning after September 30, 1981.

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text:
Page:The Life of Michael Angelo.djvu/250

Per sempre a morte e prima a voi fu' dato Sol per un ora e con dilecto tanto Porta' bellezza e po' lasciai tal pianto, Che 'l me' sarebbe non esser ma' nato. (" Poems," Ixxiii, 29.)

S' i' fu' gia vivo, tu sol, pietra, il sai, Che qui mi serri, e s'alcun mi ricorda, Gli par sogniar : si morte è presta e 'ngarda, Che quel chie è stato non par fusse mai. (Ixxiii, 22.)

Chi qui morto mi piange indarno spera, Bagniando I'ossa e 'l mie sepulcro, tucto Ritornarmi com' arbor secho al fructo; C'uom morto non risurge a primavera. (Ixxiii, 21.) Veggio co be vostr' ochi un dolce lume, Che co mie ciechi gia veder non posso.


text:
Page:United States Statutes at Large Volume 95.djvu/409

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 383

Subtitle B—Military Compensation ONCE ANNUAL COST-OF-LIVING INCREASES IN MILITARY RETIRED PAY

SEC. 211. (a) For cost savings achieved through elimination of one of the present semiannual increases in military retired and retainer pay, contingent upon a similar change in law being made with respect to the ci^dl service retirement system, see section 812(b) of the Department of Defense Authorization Act, 1981 (Public Law 96-342; 94 Stat. 1098). (b) Section 812(b)(l) of the Department of Defense Authorization Act, 1981, is amended by striking out "subject to paragraph (3)" and inserting in lieu thereof "subject to paragraph (2)".

10 USC 1401a note.

OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN

SEC. 212. (a)(1) Any eligible member who on the date of the enactment of this Act is not a participant in the Survivor Benefit Plan may elect to participate in the Plan during the open enrollment period specified in subsection (b). (2) Any eligible member who on the date of the enactment of this Act is a participant in the Plan but elected not to participate in the Plan at the maximum level or (in the case of an eligible member who is married) elected to provide an annuity under the Plan for a dependent child and not for the member's spouse may during the open enrollment period elect to participate in the Plan at a higher level or to provide an annuity under the Plan for the eligible member's spouse at a level not less than the level provided for the dependent child. (3) Any such election shall be made in the same manner as an election under section 1448 of such title and shall be effective when received by the Secretary concerned. Notwithstanding the last sentence of section 1452(a) of such title, the reduction in retired or retainer pay prescribed by the first sentence of such section shall, in the case of an individual making an election under paragraph (1), begin on the first day of the first month beginning after such election is effective. (b) The open enrollment period is the period beginning on October 1, 1981, and ending on September 30, 1982. (c) If an individual making an election under subsection (a) dies before the end of the two-year period beginning on the date of that election, the election is void and the amount of any reduction in the retired or retainer pay of such individual that is attributable to the election shall be paid in a lump sum to that individual's beneficiary under the Plan (as designated under that election). (d) Sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to individuals making elections and to elections under this section. (e) For the purposes of this section: (1) The term "eligible member" means a member or former member of the uniformed services who on the date of the enactment of this Act is entitled to retired or retainer pay. (2) The term "Survivor Benefit Plan" or "Plan" means the program established under subchapter II of chapter 73 of title 10, United States Code. (3) The term "Secretary concerned" has the meaning given such term in section 101(5) of title 37, United States Code.

10 USC 1448 note.

Definitions.

10 USC 1447.

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Page:United States Statutes at Large Volume 95.djvu/410

 95 STAT. 384

PUBLIC LAW 97-35—AUG. 13, 1981

TITLE III—BANKING, HOUSING, AND RELATED PROGRAMS Housing and Community Development Amendments of 1981. 42 USC 5301 note.

Subtitle A—Housing and Community Development SHORT TITLE

SEC. 300. This subtitle may be cited as the "Housing and Community Development Amendments of 1981". PART 1—COMMUNITY AND ECONOMIC DEVELOPMENT AUTHORIZATIONS

42 USC 5303.

SEC. 301. Section 103 of the Housing and Community Development Act of 1974 is amended to read as follows: AUTHORIZATIONS

Grants. Appropriation.

"SEC. 103. The Secretary is authorized to make grants to States, units of general local government, and Indian tribes to carry out activities in accordance with the provisions of this title. There are authorized to be appropriated for these purposes not to exceed $4,166,000,000 for each of the fiscal years 1982 and 1983. Sums appropriated pursuant to this section shall remain available until expended.". STATEMENT O P ACTIVITIES AND REVIEW

42 USC 5304.

SEC. 302. (a) The caption of section 104 of the Housing and Community Development Act of 1974 is amended to read as follows: "STATEMENT OF ACTIVITIES AND REVIEW".

42 USC 5306; Post p. 389.

(b) Subsections (a), (b), and (c) of section 104 of such Act are amended to read as follows: "(a)(l) Prior to the receipt in any fiscal year of a grant under section 10603) by any metropolitan city or urban county, under section 106(d) by any State, or under section 106(d)(2)(B) by any unit of general local government, the grantee shall have prepared a final statement of community development objectives and projected use of funds and shall have provided the Secretary with the certifications required in subsection 0)) and, where appropriate, subsection (c). In the case of metropolitan cities and urban counties receiving grants pursuant to section 1060t)) and in the case of units of general local government receiving grants pursuant to section 106(d)(2)(B), the statement of projected use of funds shall consist of proposed community development activities. In the case of States receiving grants pursuant to section 106(d), the statement of projected use of funds shall consist of the method by which the States will distribute funds to units of general local government. "(2) In order to permit public examination and appraisal of such statements, to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, the grantee shall— "(A) furnish citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken; "(B) publish a proposed statement in such manner to afford affected citizens or, as appropriate, units of general local govern-

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Page:United States Statutes at Large Volume 95.djvu/411

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 385

ment an opportunity to examine its content and to submit comments on the proposed statement and on the community development performance of the grantee; and "(C) hold one or more public hearings to obtain the views of citizens on community development and housing needs. In preparing the final statement, the grantee shall consider any such, comments and views and may, if deemed appropriate by the grantee, modify the proposed statement. The final statement shall be made available to the public, and a copy shall be furnished to the Secretary together with the certifications required under subsection (b) and, where appropriate, subsection (c). "(b) Any grant under section 106 shall be made only if the grantee 42 USC 5306 certifies to the satisfaction of the Secretary that— "(1) the grantee is in full compliance with the requirements of subsection (a)(2)(A), (B), and (C) and has made the final statement available to the public; "(2) the grant will be conducted and administered in conform42 USC 2000a ity with Public Law 88-352 and Public Law 90-284; "(3) the projected use of funds has been developed so as to give note; 82 Stat. 73. maximum feasible priority to activities which will benefit low- Projected use of funds. and moderate-income families or aid in the prevention or elimination of slums or blight; the projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financigd resources are not available to meet such needs; and "(4) the grantee will comply with the other provisions of this title and with other applicable laws. "(c)(1) Any grant made under section 1060i)) shall be made only if Grants. the unit of general local government certifies that it is following a current housing assistance plan which has been approved by the Secretary and which— "(A) accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower income persons (including elderly and handicapped persons, large families, owners of homes requiring rehabilitation assistance, and persons displaced or to be displaced) residing in or expected to reside in the community as a result of existing or projected changes in employment opportunities and population in the community (and those elderly persons residing in or expected to reside in the community), or as estimated in a community accepted State or regional housing opportunity plan approved by the Secretary, and identifies housing stock which is in a deteriorated condition, including the impact of conversion of rental housing to condominium or cooperative ownership on such needs; "(B) specifies a realistic annual goal for the number of dwelling units or lower income persons to be assisted, including (i) the relative proportion of new, rehabilitated, and existing dwelling units, including existing rental and owner occupied dwelling units to be upgraded and thereby preserved, (ii) the sizes and types of housing projects and assistance best suited to the needs of lower income persons in the community, and (iii) in the case of subsidized rehabilitation, adequate provisions to assure that a preponderance of persons assisted should be of low and moderate income; and

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text: Dictionary of National Biography, 1885-1900/Winter, Thomas (1572-1606)


text:
Page:United States Statutes at Large Volume 95.djvu/412

 95 STAT. 386

42 USC 5304. Report.

Post. p. 389.

Post, p. 389.

Effective date. 42 USC 5304 note. 42 USC 5304.

PUBLIC LAW 97-35—AUG. 13, 1981 "(C) indicates the general locations of proposed housing for lower income persons, with the objective of (i) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, and the reclamation of the housing stock where feasible through the use of a broad range of techniques for housing restoration by local government, the private sector, or community organizations, including provision of a reasonable opportunity for tenants displaced as a result of such activities to relocate in their immediate neighborhood, (ii) promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of lowincome persons, and (iii) assuring the availability of public facilities and services adequate to serve proposed housing projects. "(2) The Secretary shall establish such dates and manner for the submission of housing assistance plans described in paragraph (1) as the Secretary may prescribe.". (c)(1) Section 104(d) of such Act is amended to read as follows: "(d) Each grantee shall submit to the Secretary, at a time determined by the Secretary, a performance report concerning the use of funds made available under section 106, together with an assessment by the grantee of the relationship of such use to the objectives identified in the grantee's statement under subsection (a). The Secretary shall, at least on an annual basis, make such reviews and audits as may be necessary or appropriate to determine— "(1) in the case of grants made under section 106(b) or section 106(d)(2)(B), whether the grantee has carried out its activities and, where applicable, its housing assistance plan in a timely manner, whether the grantee has carried out those activities and its certifications in accordance with the requirements and the primary objectives of this title and with other applicable laws, and whether the grantee has a continuing capacity to carry out those activities in a timely manner; and "(2) in the case of grants to States made under section 106(d), whether the State has distributed funds to units of general local government in a timely manner and in conformance to the method of distribution described in its statement, whether the State has carried out its certifications in compliance with the requirements of this title and other applicable laws, and whether the State has made such reviews and audits of the units of general local government as may be necessary or appropriate to determine whether they have satisfied the applicable performance criteria described in paragraph (1) of this subsection. The Secretary may make appropriate adjustments in the amount of the annual grants in accordance with the Secretary's findings under this subsection. With respect to assistance made available to units of general local government under section 106(d), the Secretary may adjust, reduce, or withdraw such assistance, or take other action as appropriate in accordance with the Secretary's reviews and audits under this subsection, except that funds already expended on eligible activities under this title shall not be recaptured or deducted from future assistance to such units of general local government.". (2) The amendment made by paragraph (1) shall take effect on October 1, 1982. (d) Section 104 of such Act is amended by striking out subsections (e) and (f) and redesignating subsections (g), (h), (i), and (j) as subsections (e), (f), (g), and (h).

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Page:United States Statutes at Large Volume 95.djvu/413

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 387

(e) Section 104(f) of such Act, as redesignated by subsection (d) of ^"*«' P- ^86. this section, is amended— (1) by striking out "applicants" in paragraph (1) and inserting in lieu thereof 'Tecipiente of assistance under this title"; (2) by striking out "applicant" wherever it appears and inserting in lieu thereof "recipient of assistance under this title"; (3) by striking out "applications and" in the last sentence of paragraph (2); and (4) by adding the following new paragraph at the end thereof: "(4) In the case of grants made to States pursuant to section 106(d), f^ost, p. 389. the State shall perform those actions of the Secretary described in paragraph (2) and the performance of such actions shall be deemed to satisfy the Secretary s responsibilities referred to in the second sentence of such paragraph.. (f) Section 104(g) of such Act, as redesignated by subsection (d) of Ante, p. 386. this section, is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) Units of general local government receiving assistance under this title may receive funds, in one payment, in an amount not to exceed the total amount designated in the grant (or, in the case of a unit of general local government receiving a distribution from a State pursuant to section 106(d), not to exceed the total amount of such distribution) for use in establishing a revolving loan fund which is to be established in a private financial institution and which is to be used to finance rehabilitation activities assisted under this title. Rehabilitation activities authorized under this section shall begin within 45 days after receipt of such payment."; and (2) by striking out the last two sentences of paragraph (2). ELIGIBLE ACTIVITIES

SEC. 303. (a) Section 105(a) of the Housing and Community Development Act of 1974 is amended— 42 USC 5305. (1) by striking out paragraph (8) and inserting in lieu thereof the following: "(8) provision of public services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State in which it is located) during any part of the twelve-month period immediately preceding the date of submission of the statement with respect to which funds are to be made available under this title, and which are to be used for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the unit of general local government, except that not more than 10 per centum of the amount of any assistance to a unit of general local government under this title may be used for activities under this paragraph;"; (2) by inserting the following before the semicolon at the end of paragraph (13), and including the carrying out of activities as described in section 701(e) of the Housing Act of 1954 on the date 94 Stat. 1662. prior to the date of enactment of the Housing and Community Development Amendments of 1981"; Ante, p. 384. (3) by striking out "and" at the end of paragraph (15);

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Page:United States Statutes at Large Volume 95.djvu/414

 95 STAT. 388

Waiver. 42 USC 5305 note. Ante, p. 387.

42 USC 5301.

PUBLIC LAW 97-35—AUG. 13, 1981 (4) by striking out the period at the end of paragraph (16) and inserting in lieu thereof'; and"; and (5) by adding at the end thereof the following new paragraph: "(17) provision of assistance to private, for-profit entities, when the assistance is necessary or appropriate to carry out an economic development project.", (b) In fiscal years 1982, 1983, and 1984, the Secretary may waive the limitation on the amount of funds which may be used for public services activities under section 105(a)(8) of the Housing and Community Development Act of 1974, as amended by this Act, in the case of a unit of general local government which, during fiscal year 1981, allocated more than 10 per centum of funds received under title I of the Housing and Community Development Act of 1974 for such activities. ALLOCATION AND DISTRIBUTION OF FUNDS

42 USC 5306. Ante, p. 384. Post, pp. 391, 392.

42 USC 5306.

Reallocated funds.

Ante, p. 384. Ante, p. 386. 42 USC 5311.

SEC. 304. (a) Section 106(a) of the Housing and Community Development Act of 1974 is amended to read as follows: "(a) Of the amount approved in an appropriation Act under section 103 for grants in any year (excluding the amounts provided for use in accordance with section 107 and section 119), 70 per centum shall be allocated by the Secretary to metropolitan cities and urban counties. Except as otherwise specifically authorized, each metropolitan city and urban county shall be entitled to an annual grant from such allocation in an amount not exceeding its basic amount computed pursuant to paragraph (1) or (2) of subsection (b).". (b) Section 106 of such Act is amended by striking out subsection (c) and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. (c) Section 106(c), as redesignated by subsection (b) of this section, is amended to read as follows: "(c)(1) Except as provided in paragraph (2), any amounts allocated to a metropolitan city or an urban county pursuant to the preceding provisions of this section which are not received by the city or county for a fiscal year because of failure to meet the requirements of section 104(a), (b), or (c), or which become available as a result of actions under section 104(d) or 111, shall be reallocated in the succeeding fiscal year to the other metropolitan cities and urban counties in the same metropolitan area which certify to the satisfaction of the Secretary that they would be adversely affected by the loss of such amounts from the metropolitan area. The amount of the share of funds reallocated under this paragraph for any metropolitan city or urban county shall bear the same ratio to the total of such reallocated funds in the metropolitan area as the amount of funds awarded to the city or county for the fiscal year in which the reallocated funds become available bears to the total amount of funds awarded to all metropolitan cities and urban counties in the same metropolitan area for that fiscal year, except that— "(A) in determining the amounts awarded to cities or counties for purposes of calculating shares pursuant to this sentence, there shall be excluded from the award of any city or county any amounts which become available as a result of actions against such city or county under section 111; "(B) in reallocating amounts resulting from an action under section 104(d) or section 111, the city or county against whom any such action was taken shall be excluded from the calculation of shares for purposes of reallocating the amounts becoming available as a result of such action; and

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text: Dictionary of National Biography, 1885-1900/Winter, Thomas (1795-1851)


text:
Page:United States Statutes at Large Volume 95.djvu/415

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 389

"(C) in no event may the share of reallocated funds for any metropolitan city or urban county exceed 25 per centum of the amount awarded to the city or county under section 106(b) for the fiscal year in which the reallocated funds under this paragraph become available. Any amounts allocated under section 106(b) which become available for reallocation and for which no metropolitan city or urban county qualifies under this paragraph shall be added to amounts available for allocation under such section 106(b) in the succeeding fiscal year. "(2) Notwithstanding any other provision of this title, the Secretary shall make grants from amounts authorized for use under section 106(b) by the Department of Housing and Urban Development— Independent Agencies Appropriation Act, 1981, in accordance with the provisions of this title which governed grants with respect to such amounts, as such provisions existed prior to the effective date of the Housing and Community Development Amendments of 1981, except that any such amounts which are not obligated before January 1, 1982, shall be reallocated in accordance with paragraph (1).". (d) Section 106(d)(1) of such Act, as redesignated by subsection (b) of this section, is amended— (1) by striking out "section 108(a)" and all that follows through "nonmetropolitan areas of each State" in the first sentence and inserting in lieu thereof the following: "section 103 for grants in any year (excluding the amounts provided for use in accordance with section 107 and section 119), 30 per centum shall be allocated among the States for use in nonentitlement areas. The allocation for each State shall be"; and (2) by striking out "nonmetropolitan" wherever it appears and inserting in lieu thereof "nonentitlement". (e) Section 106(d) of such Act, as redesignated by subsection (b) of this section, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2)(A) Amounts allocated under paragraph (1) shall be distributed to units of general local government located in nonentitlement areas of the State to carry out activities in accordance with the provisions of this title— "(i) by the State, consistent with the statement submitted under section 104(a); or "(ii) by the Secretary, in any case described in subparagraph (B), for use by units of general local government in accordance with paragraph (3)(B). Notwithstanding any provision of this title, the Secretary shall make grants from amounts authorized for use in nonentitlement areas by the Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1981, in accordance with the provisions of this title which governed grants with respect to such amounts, as such provisions existed prior to the effective date of the Housing and Community Development Amendments of 1981. Any amounts under the preceding sentence (except amounts for which preapplications have been approved by the Secretary prior to October 1, 1981, and which have been obligated by January 1, 1982) which are or become available for obligation after fiscal year 1981 shall be available for distribution in the State in which the grants from such amounts were made, by the State or by the Secretary, whichever is distributing the State allocation in the fiscal year in which such amounts are or become available, "(B) The Secretary shall distribute amounts allocated under paragraph (1) where—

42 USC 5306.

94 Stat. 3044. Ante, p. 384.

Ante, p. 388.

Post, pp. 391,392.

Ante, p. 384.

94 Stat. 3044. Ante, p. 384.

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Page:United States Statutes at Large Volume 95.djvu/416

 95 STAT. 390

Ante, p. 384. Ante, p. 386. 42 USC 5311.

Ante, p. 388.

PUBLIC LAW 97-35—AUG. 13, 1981 "(i) the State has elected, in such manner and before such time as the Secretary may prescribe, not to distribute such amounts; or "(ii) the State has failed to submit the certifications described in subparagraph (C). "(C) To receive and distribute amounts allocated under paragraph (1), the Governor must certify that the State, with respect to units of general local government in nonentitlement areas— "(i) engages or will engage in planning for community development activities; "(ii) provides or will provide technical assistance to units of general local government in connection with community development programs; "(iii) will provide, out of State resources, funds for community development activities in an amount which is at least 10 per centum of the amounts allocated for use in the State pursuant to paragraph (1); and "(iv) has consulted with local elected officials from among units of general local government located in nonentitlement areas of that State in determining the method of distribution of funds required by subparagraph (A). "(8)(A) If the State receives and distributes such amounts, it shall be responsible for the administration of funds so distributed. The State shall pay from its own resources all administrative expenses incurred by the State in carrying out its responsibilities under this title, except that from the amounts received for distribution in nonentitlement areas, the State may deduct an amount not to exceed 50 per centum of the costs incurred by the State in carrying out such responsibilities. Amounts so deducted shall not exceed 2 per centum of the amount so received. "(B) If the Secretary distributes such amounts, the distribution shall be made in accordance with determinations of the Secretary pursuant to statements submitted and the other requirements of section 104 (other than subsection (c)) and in accordance with regulations and procedures prescribed by the Secretary. "(C) Any amounts allocated for use in a State under this subsection which become available as a result of actions under section 104(d) or I l l shall— "(i) in the case of actions against units of general local government in nonentitlement areas, be added to amounts available for distribution in the State in the fiscal year in which the amounts become so available; or "(ii) in the case of actions against the State, be added to amounts available for distribution in the State in the succeeding fiscal year. Amounts reallocated under this subparagraph shall be available for distribution by the State or by the Secretary, whichever is distributing the State allocation in the fiscal year in which such reallocated amounts are added. "(4) In computing amounts under paragraph (1), Indian tribes shall be excluded.". (f) Section 106(f), as redesignated by subsection (b) of this section, is amended by striking out "(1)" and all that follows through "106(e)" and inserting in lieu thereof "all basic grant entitlement amounts".

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Page:United States Statutes at Large Volume 95.djvu/417

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 391

DISCRETIONARY FUND

SEC. 305. Section 107 of the Housing and Community Development 42 USC 5307. Act of 1974 is amended to read as follows: DISCRETIONARY FUND

"SEC. 107. (a) Of the total amount approved in appropriation Acts under section 103 for each of the fiscal years 1982 and 1983, not more than $60,000,000 for each of the fiscal years 1982 and 1983 may be set aside in a special discretionary fund for grants under subsection (b). Grants under this section are in addition to any other grants which may be made under this title to the same entities for the same purposes. "(b) From amounts set aside under subsection (a), the Secretary is authorized to make grants— "(1) in behalf of new communities assisted under title VII of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968 or in behalf of new community projects assisted under title X of the National Housing Act which meet the eligibility stemdards set forth in title Vn of the Housing and Urban Development Act of 1970 and which were the subject of an application or preapplication under such title prior to January 14, 1975; "(2) in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; "(3) to Indian tribes; and "(4) to States, units of general local government, Indian tribes, or areawide planning organizations for the purpose of providing technical assistance in planning, developing, and administering assistance under this title, and to States and units of general local government for implementing special projects otherwise authorized under this title. The Secretary may also provide, directly or through contracts, technical assistance under this paragraph to such governmental units, or to a group designated by such a governmental unit for the purpose of assisting that governmental unit to carry out assistance under this title. "(c) Amounts set aside for use under subsection (b) in any fiscal year but not used in that year shall remain available for use in subsequent fiscal years in accordance with the provisions of that subsection. "(d)(1) Except as provided in paragraph (2), no grant may be made under this section or section 119 unless the applicant provides satisfactory assurances that its program will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284. "(2) No grant may be made to an Indian tribe under this section or section 119 unless the applicant provides satisfactory assurances that its program will be conducted and administered in conformity with title II of Public Law 90-284. The Secretary may waive, in connection with grants to Indian tribes, the provisions of section 109 and section 110. "(3) The Secretary may accept a certification from the applicant that it has complied with the requirements of paragraph (1) or (2), as appropriate.".

89-194 O—82

27: QL3

Ante, p. 384.

42 USC 4501. 42 USC 3901. 12 USC 1749aa.

Technical Eissistance.

Post, p. 392. 42 USC 2000a note; 82 Stat. 73. Waiver. 25 USC 1301. 42 USC 5309, 5310.

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Page:United States Statutes at Large Volume 95.djvu/418

 95 STAT. 392

PUBLIC LAW 97-35—AUG. 13, 1981 NONDISCRIMINATION

42 USC 5309. 42 USC 6101 note. 29 USC 794.

SEC. 306. Section 109(a) of the Housing and Community Development Act of 1974 is amended by adding the following new sentence at the end thereof: "Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity.". TRANSITIONAL PROVISIONS

42 USC 5306 note.

42 USC 5306. Ante, p. 388. 42 USC 5307. Ante, p. 391. Ante, p. 389.

SEC. 307. (a) Any amounts appropriated for any fiscal year before fiscal year 1982 in a Department of Housing and Urban Development—Independent Agencies Appropriation Act or a Supplemental Appropriation Act under the head "COMMUNITY DEVELOPMENT GRANTS" which are or become available for obligation on or after October 1, 1981, shall remain available as provided by law, and shall be used in accordance with the following: (1) funds authorized for use under section 106(b) of the Housing and Community Development Act of 1974 ("such Act") before October 1, 1981, shall be available for use as provided by section 106(c) of such Act as amended by this Act; (2) funds authorized for use under section 107 of such Act before October 1, 1981, shall be available for use as provided by section 107(a) of such Act as amended by this Act; and (3) funds authorized for use under section 106(c) or (e) of such Act before October 1, 1981, shall be available for use as provided by section 106(d)(2)(A) of such Act as amended by this Act. (b) Any grant or loan which, prior to the effective date of any provision of this part, was obligated and governed by any authority amended by any provision of this part shall continue to be governed by the provisions of such authority as they existed immediately before such effective date. URBAN DEVELOPMENT ACTION GRANTS

42 USC 5318.

SEC. 308. (a) Section 119 of the Housing and Community Development Act of 1974 is amended to read as follows: URBAN DEVELOPMENT ACTION GRANTS

42 USC 5303.

Regulations.

"SEC. 119. (a) The Secretary is authorized to make urban development action grants to cities and urban counties which are experiencing severe economic distress to help stimulate economic development activity needed to aid in economic recovery. Of the total amount approved in appropriation Acts under section 103 for each of the fiscal years 1982 and 1983, not more than $500,000,000 shall be available for each of the fiscal years 1982 and 1983 for grants under this section. "Ol5)(l) Urban development action grants shall be made only to cities and urban counties which have, in the determination of the Secretary, demonstrated results in providing housing for low- and moderate-income persons and in providing equal opportunity in housing and employment for low- and moderate-income persons and members of minority groups. The Secretary shall issue regulations establishing criteria in accordance with the preceding sentence and setting forth minimum standards for determining the level of economic distress of cities and urban counties for eligibility for such grants. These standards shall take into account factors such as the

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Page:United States Statutes at Large Volume 95.djvu/419

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 393

age of housing; the extent of poverty; the extent of population lag; growth of per capita income; and, where data are available, the extent of unemployment and job lag. "(2) A city or urban county which fails to meet the minimum standards established pursuant to paragraph (1) shall be eligible for assistance under this section if it meets the requirements of the first sentence of such paragraph and— "(A) in the case of a city with a population of fifty thousand persons or more or an urban county, contains an area (i) comi)Osed of one or more contiguous census tracts, enumeration districts, or block groups, as defined by the United States Bureau of the Census, having at least a population of ten thousand persons or 10 per centum of the population of the city or urban county; (ii) in which at lesist 70 per centum of the residents have incomes below 80 per centum of the median income of the city or urban county; and (iii) in which at least 30 per centum of the residents have incomes below the national poverty level; or "(B) in the case of a city with a population of less than fifty thousand persons, contains an area (i) composed of one or more contiguous census tracts, enumeration districts, or block groups or other areas defined by the United States Bureau of the Census or for which data certified by the United States Bureau of the Census are available having at least a population of two thousand five hundred persons or 10 per centum of the population of the city, whichever is greater; (ii) in which at least 70 per centum of the residents have incomes below 80 per centum of the median income of the city; and (iii) in which at least 30 per centum of the residents have incomes below the national poverty level. The Secretary shall use up to, but not more than, 20 per centum of the funds appropriated for use in any fiscal year under this section for the purpose of making grants to cities and urban counties eligible under this paragraph. "(c) Applications for assistance under this section shall— Contents. "(1) in the case of an application for a grant under subsection (b)(2), include documentation of grant eligibility in accordance with the standards described in that subsection; "(2) set forth the activities for which assistance is sought, including (A) an estimate of the costs and general location of the activities; (B) a summary of the public and private resources which are expected to be made available in connection with the activities, including how the activities will take advantage of unique opportunities to attract private investment; and (C) an analysis of the economic benefits which the activities are expected to produce; '(3) contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has held public hearings to obteiin the views of citizens, particularly residents of the area in which the proposed activities are to be carried out, and (B) has analyzed the impact of these proposed activities on the residents, particularly those of low and moderate income, of the residential neighborhood, and on the neighborhood in which they are to be carried out; and "(4) contain a certification satisfactory to the Secretary that the applicant, prior to submission of its application, (A) has identified all properties, if any, which are included on the National Register of Historic Places and which, as determined by the applicant, will be affected by the project for which the application is made; (B) ha-s identified all other properties, if any,

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Page:United States Statutes at Large Volume 95.djvu/420

 95 STAT. 394

94 Stat. 1620. 42 USC 5320. Selection criteria, establishment.

City or urban county, eligibility.

PUBLIC LAW 97-35—AUG. 13, 1981 which will be affected by such project and which, as determined by the applicant, may meet the criteria established by the Secretary of the Interior for inclusion on such Register, together with documentation relating to the inclusion of such properties on the Register; (C) has determined the effect, as determined by the applicant, of the project on the properties identified pursuant to clauses (A) and (B); and (D) will comply with the requirements of section 121. "(d)(1) Except in the case of a city or urban county eligible under subsection (b)(2), the Secretary shall establish selection criteria for grants under this section which must include (A) as the primary criterion, the comparative degree of economic distress among applicants, as measured (in the case of a metropolitan city or urban county) by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in the metropolitan city or urban county; (B) other factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration in cities and urban counties; and (C) at least the following other criteria: demonstrated performance of the city or urban county in housing and community development programs; the extent to which the grant will stimulate economic recovery by leveraging private investment; the number of permanent jobs to be created and their relation to the amount of grant funds requested; the proportion of permanent jobs accessible to lower income persons and minorities, including persons who are unemployed; the impact of the proposed activities on the fiscal base of the city or urban county and its relation to the amount of grant funds requested; the extent to which State or local government funding or special economic incentives have been committed; and the feasibility of accomplishing the proposed activities in a timely fashion within the grant amount available. "(2) For the purpose of making grants with respect to areas described in subsection (b)(2), the Secretary shall establish selection criteria, which must include (A) factors determined to be relevant by the Secretary in assessing the comparative degree of economic deterioration among eligible areas, and (B) such other criteria as the Secretary may determine, including at a minimum the criteria listed in paragraph (I)(C) of this subsection. "(e) The Secretary may not approve any grant to a city or urban county eligible under subsection (b)(2) unless— "(1) the grant will be used in connection with a project located in an area described in subsection (b)(2), except that the Secretary may waive this requirement where the Secretary determines (A) that there is no suitable site for the project within that area, (B) the project will be located directly adjacent to that area, and (C) the project will contribute substantially to the economic development of that area; "(2) the city or urban county has demonstrated to the satisfaction of the Secretary that basic services supplied by the city or urban county to the area described in subsection (b)(2) are at least equivalent, as measured by per capita expenditures, to those supplied to other areas within the city or urban county which are similar in population size and physical characteristics and which have median incomes above the median income for the city or urban county; "(8) the grant will be used in connection with a project which will directly benefit the low- and moderate-income families and individuals residing in the area described in subsection (b)(2); and

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Page:United States Statutes at Large Volume 95.djvu/421

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 395

"(4) the city or urban county makes available, from its own funds or from funds received from the State or under any Federal program which permits the use of financial assistance to meet the non-Federal share requirements of Federal grant-in-aid programs, an amount equal to 20 per centum of the grant to be available under this section to be used in carrying out the activities described in the application. "(f) Activities assisted under this section may include such activities, in addition to those authorized under section 105(a), as the 42 USC 5305. Secretary determines to be consistent with the purposes of this section. "(g) The Secretary shall, at least on an annual basis, make reviews Reviews and and audits of recipients of grants under this section as necessary to audits. determine the progress made in carrying out activities substantially in accordance with approved plans and timetables. The Secretary may adjust, reduce, or withdraw grant funds, or take other action as appropriate in accordance with the findings of these reviews and audits, except that funds edready expended on eligible activities under this title shall not be recaptured or deducted from future grants made to the recipient. "(h) No assistance may be provided under this section for projects Industrial intended to facilitate the relocation of industrial or commercial or commercial plants or facilities from one area to another, unless the Secretary plants or facilities, assistance. finds that the relocation does not significantly and adversely affect the unemployment or economic base of the area from which the industrial or commercial plant or facility is to be relocated. "(i) Not less than 25 per centum of the funds made available for grants under this section shall be used for cities with populations of less than fifty thousand persons which are not central cities of a metropolitan statistical area. "(j) A grant may be made under this section only where the Secretary determines that there is a strong probability that (1) the non-Federal investment in the project would not be made without the grant, and (2) the grant would not substitute for non-Federal funds which are otherwise available to the project. "(k) In making grants under this section, the Secretary shall take such steps as the Secretary deems appropriate to assure that the amount of the grant provided is the least necessary to make the project feasible. the requirement in section 102(a)(5)(B)(ii) that a town or township be 42 USC 5302. closely settled. "(m) In the case of any application which identifies any property in accordance with subsection (c)(4)(B), the Secretary may not commit funds with respect to an approved application unless the applicant has certified to the Secretary that the appropriate State historic preservation officer and the Secretary of the Interior have been provided an opportunity to take action in accordance with the 94 Stat. 1620. provisions of section 121(b). "(n)(1) For the purposes of this section, the term 'city' includes 42 USC 5320. "City.'^ Guam, the Virgin Islands, and Indian tribes. "(2) The Secretary may not approve a grant to an Indian tribe under this section unless the tribe (A) is located on a reservation or in an Alaskan Native Village, and (B) is an eligible recipient under the State and Local Fiscal Assistance Act of 1972. 31 USC 1221 "(o) If no amounts are set aside under, or amounts are precluded note. from being appropriated for this section for fiscal years after fiscal year 1983, any amount which is or becomes available for use under
 * (1) For purposes of this section, the Secretary may reduce or waive

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Page:United States Statutes at Large Volume 95.djvu/422

 95 STAT. 396 42 USC 5303. 94 Stat. 1620. 42 USC 5320. Effective date. 42 USC 5318 note. Rules and regulations.

PUBLIC LAW 97-35—AUG. 13, 1981 this section after fiscal year 1983 shall be added to amounts appropnated under section 103. % _ (b) Section 121 of such Act is amended by striking out "subsecGbn (c)(7)(B)" in subsection (b) and inserting in lieu thereof "subsection (c)(4)(B)". (c) The amendments made by subsections (a) and (b) shall become effective on the effective date of regulations implementing such subsections. As soon as practicable, but not later than January 1, 1982, the Secretary shall issue such final rules and regulations as the Secretary determines are necessary to carry out such subsections. COMMUNITY DEVELOPMENT TECHNICAL AMENDMENTS

SEC. 309. (a) Section 102(a) of the Housing and Community Develop42 USC 5302. ment Act of 1974 is amended— (1) by striking out paragraphs (18) and (19); (2) by inserting immediately after paragraph (6) the following: "Npnentitlement "(7) The term 'nonentitlement area' means an area which is area." not a metropolitan city or part of an urban county."; and (3) by redesignating the remaining paragraphs accordingly. (b) Section 102(c) of such Act is amended by striking out a (Community Development Program in whole or in part" and inserting in lieu thereof "activities assisted under this title". 94 Stat. 1614. (c) The first sentence of section 102(d) of such Act is amended— 42 USC 5302. (1) by striking out "103(a)(l)" and inserting in lieu thereof "103"; and (2) by striking out "unless the application by the urban county is disapproved or withdrawn prior to or during such three-year period' and inserting in lieu thereof "unless the urban county does not receive a grant for any year during such three-year period". 94 Stat. 1615. (d) Section 104(j) of such Act is amended by striking out "planning a 42 USC 5304. joint community development program, meeting the application requirements of this section, and implementing such program" and inserting in lieu thereof "submitting a statement under section 104(a) and carrying out activities under this title". 42 USC 5305. (e) The caption of section 105 of such Act is amended to read as follows: "ELIGIBLE ACTIVITIES".

94 Stat. 1618.

94 Stat. 1615. 42 USC 5306.

(f) Section 105(a) of such Act is amended— (1) by striking out the first sentence and "These activities" in the second sentence and inserting in lieu thereof "Activities assisted under this title"; (2) by striking out "program" in paragraph (6); (3) by striking out the Community Development Program" in paragraph (9) and inserting in lieu thereof "activities assisted under this title"; (4) by striking out "to the community development program" in paragraph (11); (5) by striking out "(as specifically" and all that follows through "104(a)(l)" in paragraph (14) and inserting in lieu thereof "which are carried out by public or private nonprofit entities"; and (6) by striking out "(as specifically described in the application submitted pursuant to section 104)" in paragraph (15). (g) Section 105(b) of such Act is amended by striking out "a grant" and inserting in lieu thereof "assistance". (h) The second sentence of section 106(b)(4) of such Act is amended by striking out "for a grant under subsection (c) or (e)" and inserting

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 PUBLIC LAW 97-35—AUG. 13, 1981 in lieu thereof the following: "to receive assistance under subsection (d)". (i) Section 108(d)(2) of such Act is amended by striking out "approved or". 0) The first sentence of section 110 of such Act is amended by striking out "grants" and inserting in lieu thereof "assistance. (k) The first sentence of section 112(a) of such Act is amended by striking out "103(a)" and inserting in lieu thereof "103". (1) Section 113(a)(2) of such Act is amended by striking out "as approved by the Secretary". (m) Section 116(b) of such Act is amended to read as follows: "(b) In the case of funds available for any fiscal year, the Secretary shall not consider any statement under section 104(a), unless such statement is submitted on or prior to such date (in that fiscal year) as the Secretary shall establish as the final date for submission of statements in that year.".

95 STAT. 397

42 USC 5308. 42 USC 53io. 42 USC 5312. 42 USC 5813. 94 Stet. 1622. ^^

COMMUNITY DEVELOPMENT MISCELLANEOUS AMENDMENTS

SEC. 310. (a) Section 102(aK4) of the Housing and Community Development Act of 1974 is amended by inserting the following before 42 USC 5302. the period at the end thereof: "or until September 30, 1982, whichever is later". (b) Section 102(a)(6) of such Act is amended by inserting at the end thereof the following: "Any urban county (A) which qualified as an urban county in fiscal year 1981, (B) the population of which includes all of the population of the county (other than the population of metropolitan cities therein), and (C) the population of which for fiscal year 1982 falls below the amount required by clause (B) of the preceding sentence by reason of the 1980 decennial census shall be considered as meeting the population requirements of such clause for fiscal year 1982 and shall not be subject to the provisions of section 102(d) in that fiscal year.". REHABIUTATION LOANS

SEC. 311. (a) Subsection (a)(1)(D) of section 312 of the Housing Act of 1964 is amended by striking out "an approved community develop- 42 USC I452b. ment program" and inserting in lieu thereof "community development activities". (b) Subsection (d) of such section is amended— 94 Stat. 1622. (1) by inserting "and" after "October 1, 1979," in the first sentence * (2) by striking out "and not to exceed $129,000,000 for the fiscal year beginning on October 1, 1981," in the first sentence; and (3) by striking out the last sentence. (c) Subsection (h) of such section is amended by striking out "1982" each place it appears and inserting in lieu thereof "1983". (d) Subsection (j)(l) of such section is amended by striking out the second sentence. URBAN H O M E S T E A D I N G

SEC. 312. The first sentence of section 810(h) of the Housing and Community Development Act of 1974 is amended by striking out 12 USC I706e. "and not to exceed $26,000,000 for the fiscal year 1979"^ and inserting in lieu thereof "not to exceed $26,000,000 for the fiscal year 1979, and not to exceed $13,467,000 for the fiscal year 1983".

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 95 STAT. 398

PUBLIC LAW 97-35—AUG. 13, 1981 REPEALERS

42 USC 8121 note. 94 Stat. 1662. 40 USC 461.

94 Stat. 1645. 42 USC 8107.

SEC. 313. (a) Title Vn of the Housing and Community Development Amendments of 1978 is hereby repealeid. (b) Section 701 of the Housing Act of 1954 is hereby repealed. NEIGHBORHOOD REINVESTMENT CORPORATION

SEC. 314. Section 608(a) of the Neighborhood Reinvestment Corporation Act is amended— (1) by striking out "and" after "1980,"; and (2) by inserting the following before the period at the end thereof: ", and not to exceed $14,950,000 for fiscal year 1982". REPORT ON BLOCK GRANT PROGRAM

Report to Congress.

SEC. 315. Not later than 270 days after the date of enactment of this ^Q^^ ^jjg Secretary of Housing and Urban Development shall report to the Congress on administrative and legislative steps that can be taken to-— (1) require all grantees to concentrate their block grant funds in distressed geographic areas small enough so that visible improvements can be achieved in a reasonable time period and to ensure that claimed benefits to low- and moderate-income persons are, in actuality, occurring; (2) reduce the broad list of activities currently eligible so that funds can be focused on those activities which meet the cities' most urgent revitalization needs; (3) develop overall income eligibility requirements for recipients of block grant supported rehabilitation; and (4) limit eligible rehabilitation work to that which is essential to restore the housing unit to a decent, safe, and sanitary or energy efficient condition, specifically prohibiting nonessential and luxury items, so that more homes needing basic repairs C£m be rehabilitated. PART 2—HOUSING ASSISTANCE PROGRAMS HOUSING AUTHORIZATIONS

Contracts. 94 Stat. 1624. 42 USC 1437c.

94 Stat. 1625. 42 USC 1437/.

SEC. 321. (a) The first sentence of section 5(c)(1) of the United States Housing Act of 1937 is amended by inserting immediately after "1980" the following: ", and by $906,985,000 on October 1, 1981". (b) The second sentence of section 5(c)(l) of such Act is amended by striking out "Acts;" and all that follows through the period and inserting in lieu thereof the following: "Acts. In addition, the aggregate amount which may be obligated over the duration of the contracts may not exceed $31,200,000,000 with respect to the additional authority provided on October 1, 1980, and $18,087,370,000 with respect to the additional authority provided on October 1, 1981.". (c) Section 5(c) of such Act is amended by— (1) redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) inserting immediately after paragraph (2) the following: "(3)(A) Of the additional authority approved in appropriation Acts and made available on October 1, 1981, the Secretary shall make available at least $75,000,000 for assistance to projects under section 14.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 399

"(B) Of the balance of the additional authority referred to in the preceding subparagraph which remains after deducting the amount to be provided for assistance to projects under section 14, the 94 Stat. 1625. Secretary shall allocate such authority for use in different areas and 42 USC 1437Z. communities in accordance with section 213(d) of the Housing and Community Development Act of 1974, except that on a national basis 42 USC 1439. the Secretary may not enter into contracts aggregating— "(i) more than 45 per centum of such baleuice for existing units assisted under this Act; and "(ii) more than 55 per centum of such balance for newly constructed and substantially rehabilitated units assisted under this Act. "(C) After making allocations referred to in subparagraph (B), the General local Secretary shsM, to the extent allowable within the percentage limita- government preferences, tions conteiined in such subparagraph and within the available accommodation. contract and budget authority, accommodate the preferences of units of general local government, which preferences shall be established after consultation with the appropriate public housing agencies, regarding (i) the mix among newly constructed, substantially rehabilitated, existing, or moderately rehabilitated units; (ii) the programs under which assistance is to be provided; and (iii) the extent to which such allocation should be used for comprehensive improvement assistance under section 14.". 42 USC 1437g. (d) Section 9(c) of such Act is amended— (1) by striking out "and" after "on or after October 1, 1979,"; and (2) by inserting before the period at the end thereof the following: ", and not to exceed $1,500,000,000 on or after October 1, 1981". (e) Section 213(d) of the Housing and Community Development Act Financial of 1974 is amended by adding at the end thereof a new paragraph to assistance, retention. read as follows: 42 USC 1439. "(4) Notwithstanding any other provision of law, with respect to fiscal years beginning after September 30, 1981, the Secretary of Housing and Urban Development may not reteiin more than 15 per centum of the financial assistance which becomes available under programs described in subsection (a)(1) during any fiscal year. Any Allocation such financial assistance which is retciined shall be available for use. subsequent allocation to specific areas and communities, and may only be used for— "(A) unforeseeable housing needs, especially those brought on by natural disasters or special relocation requirements; "(B) support for the needs of the handicapped or for minority enterprise; "(C) providing for assisted housing as a result of the settlement of litigation; "(D) small research and demonstration projects; "(E) lower-income housing needs described in housing assistance plans, including activities carried out under areawide housing opportunity plans; and "(F) innovative housing programs or alternative methods for meeting lower-income housing needs approved by the Secretary, including assistance for infrastructure in connection with the Indisui Housing Program.". (fKD The first sentence of section 201(h) of the Housing and Community Development Amendments of 1978 is amended— 12 USC (A) by striking out "and" after "the fiscal year 1980,"; 1715z-la.

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 95 STAT. 400

12 USC 1715Z-1 and note, 1715z-la.

12 USC 1715z-la.

12 USC 1701s, 42 USC 1451. Post, p. 403.

PUBLIC LAW 97-35—AUG. 13, 1981 (B) by inserting before the period at the end thereof the following: ", and not to exceed $4,000,000 for the fiscal year 1982"; and (C) by striking out the comma immediately following "Act" and inserting in lieu thereof a closed parenthesis. (2) Section 201 of the Housing and Community Development Amendments of 1978 is amended— (A) by redesignating subsections (h) and (i) as subsections (j) and (k), respectively; and (B) by inserting the following new subsection after subsection (g): "(h) The Secretary may not use any of the assistance available under this section during any fiscal year beginning on or after October 1, 1981, to supplement any contract to make rental assistance payments which was made pursuant to section 101 of the Housing and Urban Development Act of 1965.". (3) The third sentence of section 236(f)(3) of the National Housing Act, as redesignated by section 322(f)(7) of this part, is amended by striking out "September 30, 1981" and inserting in lieu thereof "September 30, 1982". TENANT RENTAL PAYMENTS

42 USC 1437a.

SEC. 322. (a) Section 3 of the United States Housing Act of 1937 is amended to read as follows: RENTAL P A Y M E N T S; DEFINITIONS

"SEC. 3. (a) Dwelling units assisted under this Act shall be rented only to families who are lower income families at the time of their initial occupancy of such units. A family shall pay as rent for a dwelling unit assisted under this Act the highest of the following amounts, rounded to the nearest dollar: "(1) 30 per centum of the family's monthly adjusted income; "(2) 10 per centum of the family's monthly income; or "(3) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of such payments which is so designated. "(b) When used in this Act: "(1) The term 'lower income housing' means decent, safe, and sanitary dwellings assisted under this Act. The term 'public housing' means lower income housing, and all necessary appurtenances thereto, assisted under this Act other than under section 8. When used in reference to public housing, the term 'lower income housing project' or 'project' means (A) housing developed, acquired, or assisted by a public housing agency under this Act, and (B) the improvement of any such housing. "(2) The term 'lower income families' means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. The term 'very low-income families' means lower income families whose incomes do not exceed 50 per

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 401

centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families. "(3) The term 'families' includes families consisting of a single person in the case of (A) a person who is at least sixty-two years of age or is under a disability as defined in section 223 of the Social Security Act or in section 102 of the Developmental Disabilities Services and 42 USC 423. Facilities Construction Amendments of 1970, or is handicapped, (B) a 42 USC 6001. displaced person, (C) the remaining member of a tenant family, and (D) other single persons in circumstances described in regulations of the Secretary. In no event shall more than 15 per centum of the units under the jurisdiction of any public housing agency be occupied by single persons under clause (D). In determining priority for admission to housing under this Act, the Secretary shall give preference to those single persons who are elderly, handicapped, or displaced before those eligible under clause (D). The term 'elderly families' means families whose heads (or their spouses), or whose sole members, are persons described in clause (A). A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which is expected to be of long-continued and indefinite duration, substantially impedes such person's ability to live independently, and is of such a nature that such ability could be improved by more suitable housing conditions. The term 'displaced person' means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Notwithstanding the preceding provisions of this subsection, the term 'elderly families' includes two or more elderly, disabled, or handicapped individuals living together, or one or more such individuals living with one or more persons determined under regulations of the Secretary to be essential to their care or well being. "(4) The term 'income' means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. "(5) The term 'adjusted income' means the income which remains after excluding such amounts or types of income as the Secretary may prescribe. In determining amounts to be excluded from income, the Secretary may, in the Secretary's discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate. "(6) The term 'public housing agency' means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of lower income housing. "(7) The term 'State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and Indian tribes, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. "(8) The term 'Secretary' means the Secretary of Housing and Urban Development. "(c) When used in reference to public housing: "(1) The term 'development' means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a lower income housing project. The term 'development cost' comprises the costs incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carry-

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 95 STAT. 402

42 USC 1437b, 1437c, 1437g, 14371. 42 USC 1437, 1437b-1437d, 1437g, 14371, 1437J; 94 Stat. 1625, 42 USC 1437/. 42 USC 1437d. 42 USC 1437f.

Ante, p. 400.

PUBLIC LAW 97-35—AUG. 13, 1981 ing out the development of such project. Construction activity in connection with a lower income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings. "(2) The term 'operation' means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a lower income housing project. The term also means the financing of tenant programs and services for families residing in lower income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term 'tenant programs and services' includes the development and maintenance of tenant organizations which participate in the management of lower income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies in the community when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services. "(3) The term 'acquisition cost' means the amount prudently required to be expended by a public housing agency in acquiring property for a lower income housing project.". (b) Sections 4, 5, 9, and 11 of such Act are amended by striking out "LOW-INCOME" where it appears in the caption accompanying each such section and by inserting in lieu thereof "LOWER INCOME". (c) Sections 2, 4, 5, 6, 9, 11, 12, and 14 of such Act are amended by striking out "low income" and "low-income" wherever they appear and inserting in lieu thereof "lower income". (d) Section 6(c)(2) of such Act is amended by striking out the phrase "at intervals of two years (or at shorter intervals where the Secretary deems it desirable)" and inserting in lieu thereof "no less frequently than annually". (e) Section 8 of such Act is amended— (1) by striking out paragraph (3) of subsection (c) and inserting in lieu thereof the following: "(3) The amount of the monthly assistance payment with respect to any dwelling unit shall be the difference between the maximum monthly rent which the contract provides that the owner is to receive for the unit and the rent the family is required to pay under section 3(a) of this Act. Reviews of family income shall be made no less frequently than annually."; (2) by striking out paragraph (7) of subsection (c) and redesignating paragraph (8) of such subsection as paragraph (7); (3) by striking out paragraphs (1), (2), and (3) of subsection (f) and redesignating paragraphs (4), (5), and (6) of such subsection as paragraphs (1), (2), and (3), respectively; (4) by striking out "The provisions of section 3(1), 5(e), and 6" in subsection (h) and inserting in lieu thereof "Sections 5(e) and 6"; (5) by striking out the comma after the word "Act" in subsection (h); and (6) by striking out "25 per centum of one-twelfth of the annual income of such family" in paragraph (3) of subsection (j) and

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 PUBLIC LAW 97-35—AUG. 13, 1981 inserting in lieu thereof "the rent the family is required to pay under section 3(a) of this Act". (f) Section 236 of the National Housing Act is amended— (1) by striking out "two years" in subsection (e) and inserting in lieu thereof "one year"; (2) by striking out "25 per centum of the tenant's income" in the second sentence of subsection (fKD and inserting in lieu thereof "30 per centum of the tenant's adjusted income"; (3) by striking out clause (ii) in the third sentence of subsection (f)(1) and inserting in lieu thereof the following: "(ii) to permit the charging of a rental for such dwelling units at such an amount less than 30 per centum of a tenant's adjusted income as the Secretary determines represents a proportionate decrease for the utility charges to be paid by such tenant, but in no case sheill such rental be lower than 25 per centum of a tenant's adjusted income.": (4) by striking out "25 per centum of their income' in paragraph (2) of subsection (f) and inserting in lieu thereof "30 per centum of their adjusted income"; (5) by striking out "25 per centum of the tenant's income" in paragraph (2) of subsection (f) and inserting in lieu thereof "the highest of the following amounts, rounded to the nearest dollar: "(A) 30 per centum of the tenant's monthly adjusted income; "(B) 10 per centum of the tenant's monthly income; or "(C) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of such payments which is so designated"; (6) by striking out the third sentence in paragraph (2) of sulDsection (f); (7) by striking out subparagraph (A) of subsection (f)(3) and redesignating subsection (f)(3)(B) as subsection (f)(3); and (8) by striking out subsection (m) and inserting in lieu thereof the following: "(m) For the purpose of this section the term 'income' means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. In determining amounts to be excluded from income, the Secretary may, in the Secretary's discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate.". (g) Section 101 of the Housing and Urban Development Act of 1965 is amended (1) by striking out paragraph (2) in subsection (c) and inserting in lieu thereof the following: "(2) 'income' means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary. In determining amounts to be excluded from income, the Secretary may, in the Secretary's discretion, take into account the number of minor children in the household and such other factors as the Secretary may determine are appropriate."; (2) by striking out the first sentence of subsection (d) and inserting in lieu thereof the following: "The amount of the annual payment with respect to any dwelling unit shall be the

95 STAT. 403 Ante, p. 400. 12 USC I7i5z-l.

12 USC I70is, 42 USC 1451.

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 95 STAT. 404

42 USC 1437a note. 12 USC 1701s note. Rent payments, determination. 42 USC 1437a note.

PUBLIC LAW 97-35—AUG. 13, 1981 lesser of (1) 70 per centum of the fair market rent, or (2) the amount by which the fair market rental for such unit exceeds 30 per centum of the tenant's adjusted income."; and (3) by striking out ", except the elderly, at intervals of two years (or at shorter intervals in cases where the Secretary may deem it desirable)" in paragraph (2) of subsection (e), and by inserting in lieu thereof "no less frequently than annually*. (h) Title If of the Housing and C!onununity Development Amendments of 1979 is amended— (1) by striking out subsection (c) in section 202; and (2) by striking out subsection (c) in section 203. (i)(1) In determining the rent to be paid by tenants who are occupying housing assisted under the authorities amended by this section on the effective date of this Act, the Secretary, notwithstanding any other provision of this section, may provide for delayed applicability, or for staged implementation, of the procedures for determining rent required by the provisions of subsections (a) through (h) of this section if the Secretary determines that immediate application of such procedures would be impracticable, would violate the terms of existing leases, or would result in extraordinary hardship for any class of tenants. The Secretary shall provide that the amount of rent paid by any family shall not increase, as a result of the amendments made by this section and as a result of any other provision of Federal law redefining which governmental benefits are required to or may be considered as income, by more than 10 per centum during any 12-month period unless the increase above such 10 per centum is attributed solely to increases in income which are not caused by such amendments or by such redefinitions. The limitation contained in the preceding sentence shall remain in effect and may not be changed or superceded except by another provision of law which amends tms subsection. Notwithstanding any other provision of this section, application of the procedures for determining rent contained in this section shall not result in a reduction in the amount of rent paid by any tenant below the amount paid by such tenant immediately preceding the effective date of this Act. (2) Tenants of housing assisted under the provisions of law amended by this section whose occupancy begins after the effective date of this Act shall be subject to immediate rent payment determinations in accordance with the amendments contained in subsections (a) through (h), except that the Secretary may provide for delayed applicability, or for staged implementation, of these requirements for such tenants if the Secretary determines that immediate application of the requirements of this section would be impracticable, or that uniform procedures for assessing rents would significantly decrease administrative costs and burdens. (3) The Secretary's actions and determinations and the procedures for making determinations pursuant to this subsection shall not be reviewable in any court. The provisions of subsections (a) through (h) shall be implemented and fully applicable to all affected tenants no later than five years following the date of enactment of this Act, except that the Secretary may extend the time for implementation if the Secretary determines that full implementation would result in extraordinary hardship for any class of tenants. INCOME ELIGIBILITY

42 USC 1437 note.

SEC. 323. The United States Housing Act of 1937 is amended by adding at the end thereof the following:

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