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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 69. COMMUNITY DEVELOPMENT |
§ 5305. Activities eligible for assistance
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(a) Enumeration of eligible activities Activities assisted under this chapter may include only— (1) the acquisition of real property (including air rights, water rights, and other interests therein) which is (A) blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth; (B) appropriate for rehabilitation or conservation activities; (C) appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; (D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this chapter; or (E) to be used for other public purposes; (2) the acquisition, construction, reconstruction, or installation (including design features and improvements with respect to such construction, reconstruction, or installation that promote energy efficiency) of public works, facilities (except for buildings for the general conduct of government), and site or other improvements; (3) code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public or private improvements or services to be provided, may be expected to arrest the decline of the area; (4) clearance, demolition, removal, reconstruction, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements (including interim assistance, and financing public or private acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation, of privately owned properties, and including the renovation of closed school buildings); (5) special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons; (6) payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by activities under this chapter; (7) disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this chapter or its retention for public purposes; (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 chapter, 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 15 per centum of the amount of any assistance to a unit of general local government (or in the case of nonentitled communities not more than 15 per centum statewide) under this chapter including program income may be used for activities under this paragraph unless such unit of general local government used more than 15 percent of the assistance received under this chapter for fiscal year 1982 or fiscal year 1983 for such activities (excluding any assistance received pursuant to Public Law 98–8), in which case such unit of general local government may use not more than the percentage or amount of such assistance used for such activities for such fiscal year, whichever method of calculation yields the higher amount, except that of any amount of assistance under this chapter (including program income) in each of fiscal years 1993 through 2003 to the City of Los Angeles and County of Los Angeles, each such unit of general government may use not more than 25 percent in each such fiscal year for activities under this paragraph, and except that of any amount of assistance under this chapter (including program income) in each of fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph; (9) payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of activities assisted under this chapter; (10) payment of the cost of completing a project funded under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.]; (11) relocation payments and assistance for displaced individuals, families, businesses, organizations, and farm operations, when determined by the grantee to be appropriate; (12) activities necessary (A) to develop a comprehensive community development plan, and (B) to develop a policy-planning-management capacity so that the recipient of assistance under this chapter may more rationally and effectively (i) determine its needs, (ii) set long-term goals and short-term objectives, (iii) devise programs and activities to meet these goals and objectives, (iv) evaluate the progress of such programs in accomplishing these goals and objectives, and (v) carry out management, coordination, and monitoring of activities necessary for effective planning implementation; (13) payment of reasonable administrative costs related to establishing and administering federally approved enterprise zones and payment of reasonable administrative costs and carrying charges related to (A) administering the HOME program under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.]; and (B) the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities, and including the carrying out of activities as described in section 701(e) of the Housing Act of 1954 tribes, as such term is defined in section 4103 of title 25) in communities that participate in the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), only for carrying out outreach activities to encourage and facilitate the purchase of flood insurance protection under such Act by owners and renters of properties in such communities and to promote educational activities that increase awareness of flood risk reduction; except that— (A) amounts used as provided under this paragraph shall be used only for activities designed to— (i) identify owners and renters of properties in communities that participate in the national flood insurance program, including owners of residential and commercial properties; (ii) notify such owners and renters when their properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 4012a of this title to such properties; (iii) educate such owners and renters regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement; (iv) educate such owners and renters regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under this chapter for such properties and the contents of such properties; (v) encourage such owners and renters to maintain or acquire such coverage; (vi) notify such owners of where to obtain information regarding how to obtain such coverage, including a telephone number, mailing address, and Internet site of the Administrator of the Federal Emergency Management Agency (in this paragraph referred to as the “Administrator”) where such information is available; and (vii) educate local real estate agents in communities participating in the national flood insurance program regarding the program and the availability of coverage under the program for owners and renters of properties in such communities, and establish coordination and liaisons with such real estate agents to facilitate purchase of coverage under the National Flood Insurance Act of 1968 [42 U.S.C. 4001 et seq.] and increase awareness of flood risk reduction; (B) in any fiscal year, a local governmental agency may not use an amount under this paragraph that exceeds 3 times the amount that the agency certifies, as the Secretary, in consultation with the Administrator, shall require, that the agency will contribute from non-Federal funds to be used with such amounts used under this paragraph only for carrying out activities described in subparagraph (A); and for purposes of this subparagraph, the term “non-Federal funds” includes State or local government agency amounts, in-kind contributions, any salary paid to staff to carry out the eligible activities of the local governmental agency involved, the value of the time and services contributed by volunteers to carry out such services (at a rate determined by the Secretary), and the value of any donated material or building and the value of any lease on a building; (C) a local governmental agency that uses amounts as provided under this paragraph may coordinate or contract with other agencies and entities having particular capacities, specialties, or experience with respect to certain populations or constituencies, including elderly or disabled families or persons, to carry out activities described in subparagraph (A) with respect to such populations or constituencies; and (D) each local government agency that uses amounts as provided under this paragraph shall submit a report to the Secretary and the Administrator, not later than 12 months after such amounts are first received, which shall include such information as the Secretary and the Administrator jointly consider appropriate to describe the activities conducted using such amounts and the effect of such activities on the retention or acquisition of flood insurance coverage. (b) Reimbursement of Secretary for administrative services connected with rehabilitation of properties Upon the request of the recipient of assistance under this chapter, the Secretary may agree to perform administrative services on a reimbursable basis on behalf of such recipient in connection with loans or grants for the rehabilitation of properties as authorized under subsection (a)(4) of this section.
(c) Activities benefiting persons of low and moderate income (1) In any case in which an assisted activity described in paragraph (14) or (17) of subsection (a) of this section is identified as principally benefiting persons of low and moderate income, such activity shall— (A) be carried out in a neighborhood consisting predominately of persons of low and moderate income and provide services for such persons; or (B) involve facilities designed for use predominately by persons of low and moderate income; or (C) involve employment of persons, a majority of whom are persons of low and moderate income. (2) (A) In any case in which an assisted activity described in subsection (a) of this section is designed to serve an area generally and is clearly designed to meet identified needs of persons of low and moderate income in such area, such activity shall be considered to principally benefit persons of low and moderate income if (i) not less than 51 percent of the residents of such area are persons of low and moderate income; (ii) in any metropolitan city or urban county, the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income; or (iii) the assistance for such activity is limited to paying assessments (including any charge made as a condition of obtaining access) levied against properties owned and occupied by persons of low and moderate income to recover the capital cost for a public improvement. (B) The requirements of subparagraph (A) do not prevent the use of assistance under this chapter for the development, establishment, and operation for not to exceed 2 years after its establishment of a uniform emergency telephone number system if the Secretary determines that— (i) such system will contribute substantially to the safety of the residents of the area served by such system; (ii) not less than 51 percent of the use of the system will be by persons of low and moderate income; and (iii) other Federal funds received by the grantee are not available for the development, establishment, and operation of such system due to the insufficiency of the amount of such funds, the restrictions on the use of such funds, or the prior commitment of such funds for other purposes by the grantee. The percentage of the cost of the development, establishment, and operation of such a system that may be paid from assistance under this chapter and that is considered to benefit low and moderate income persons is the percentage of the population to be served that is made up of persons of low and moderate income. (3) Any assisted activity under this chapter that involves the acquisition or rehabilitation of property to provide housing shall be considered to benefit persons of low and moderate income only to the extent such housing will, upon completion, be occupied by such persons. (4) For the purposes of subsection (c)(1)(C) of this section— (A) if an employee resides in, or the assisted activity through which he or she is employed, is located in a census tract that meets the Federal enterprise zone eligibility criteria, the employee shall be presumed to be a person of low- or moderate-income; or (B) if an employee resides in a census tract where not less than 70 percent of the residents have incomes at or below 80 percent of the area median, the employee shall be presumed to be a person of low or moderate income. (d) Training program The Secretary shall implement, using funds recaptured pursuant to section 5318(o) of this title, an on-going education and training program for officers and employees of the Department, especially officers and employees of area and other field offices of the Department, who are responsible for monitoring and administering activities pursuant to paragraphs (14), (15), and (17) of subsection (a) of this section for the purpose of ensuring that (A) such personnel possess a thorough understanding of such activities; and (B) regulations and guidelines are implemented in a consistent fashion.
(e) Guidelines for evaluating and selecting economic development projects (1) Establishment The Secretary shall establish, by regulation, guidelines to assist grant recipients under this chapter to evaluate and select activities described in subsection (a)(14), (15), and (17) of this section for assistance with grant amounts. The Secretary shall not base a determination of eligibility of the use of funds under this chapter for such assistance solely on the basis that the recipient fails to achieve one or more of the guidelines’ objectives as stated in paragraph (2).
(2) Project costs and financial requirements The guidelines established under this subsection shall include the following objectives: (A) The project costs of such activities are reasonable. (B) To the extent practicable, reasonable financial support has been committed for such activities from non-Federal sources prior to disbursement of Federal funds. (C) To the extent practicable, any grant amounts to be provided for such activities do not substantially reduce the amount of non-Federal financial support for the activity. (D) Such activities are financially feasible. (E) To the extent practicable, such activities provide not more than a reasonable return on investment to the owner. (F) To the extent practicable, grant amounts used for the costs of such activities are disbursed on a pro rata basis with amounts from other sources. (3) Public benefit The guidelines established under this subsection shall provide that the public benefit provided by the activity is appropriate relative to the amount of assistance provided with grant amounts under this chapter.
(f) Assistance to for-profit entities In any case in which an activity described in paragraph (17) of subsection (a) of this section is provided assistance such assistance shall not be limited to activities for which no other forms of assistance are available or could not be accomplished but for that assistance.
(g) Microenterprise and small business program requirements In developing program requirements and providing assistance pursuant to paragraph (17) of subsection (a) of this section to a microenterprise or small business, the Secretary shall— (1) take into account the special needs and limitations arising from the size of the entity; and (2) not consider training, technical assistance, or other support services costs provided to small businesses or microenterprises or to grantees and subgrantees to develop the capacity to provide such assistance, as a planning cost pursuant to subsection (a)(12) of this section or an administrative cost pursuant to subsection (a)(13) of this section. (h) Prohibition on use of assistance for employment relocation activities Notwithstanding any other provision of law, no amount from a grant under section 5306 of this title made in fiscal year 1999 or any succeeding fiscal year may be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from 1 area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs.
Prospective Amendment
Pub. L. 112–141, div. F, title II, § 100243(b),
(1) in paragraph (25), by adding “and” at the end;
(2) in paragraph (26), by striking the semicolon at the end and inserting a period; and
(3) by striking paragraphs (27) and (28).
See 2012 Amendment notes below.
References In Text
This chapter, referred to in subsecs. (a), (b), (c)(2), (3), and (e)(1), (3), was in the original “this title”, meaning title I of Pub. L. 93–383,
Public Law 98–8, referred to in subsec. (a)(8), is Pub. L. 98–8,
The Housing Act of 1949, referred to in subsec. (a)(10), is act July 15, 1949, ch. 338, 63 Stat. 413. Title I of the Housing Act of 1949 was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of this title, and was omitted from the Code pursuant to section 5316 of this title which terminated authority to make grants and loans under such title I after
The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (a)(13)(A), (20), is Pub. L. 101–625,
Section 701(e) of the Housing Act of 1954, referred to in subsec. (a)(13)(B), is section 701(e) of act Aug. 2, 1954, ch. 649, 68 Stat. 640, which was classified to section 461(e) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97–35, title III, § 313(b),
Section 681(d) of title 15, referred to in subsec. (a)(15), was repealed by Pub. L. 104–208, div. D, title II, § 208(b)(3)(A),
Section 1437o of this title, referred to in subsec. (a)(18), was repealed by Pub. L. 101–625, title II, § 289(b),
The National Flood Insurance Act of 1968, referred to in subsec. (a)(28), is title XIII of Pub. L. 90–448,
Codification
In subsec. (a)(13), “
Amendments
2012—Subsec. (a)(24). Pub. L. 112–141, § 100243(a)(3), struck out “and” at end of par. (24).
Subsec. (a)(25). Pub. L. 112–141, § 100243(b)(1), inserted “and” at end.
Pub. L. 112–141, § 100243(a)(4), struck out “and” at end.
Pub. L. 112–141, § 100243(a)(2), which directed redesignation of second par. (24), relating to tornado-safe shelters, as (25), was executed by redesignating the par. (24) which appeared first and which related to tornado-safe shelters as (25) and moving such par. so as to appear after the par. (24) relating to homeownership among persons with low and moderate income, to reflect the probable intent of Congress.
Subsec. (a)(26). Pub. L. 112–141, § 100243(b)(2), substituted period for semicolon at end.
Pub. L. 112–141, § 100243(a)(1), redesignated par. (25) as (26).
Subsec. (a)(27), (28). Pub. L. 112–141, § 100243(b)(3), struck out pars. (27) and (28) which related to supplementing existing State or local funding for administration of building code enforcement by local building code enforcement departments and assistance to local governmental agencies responsible for floodplain management activities for outreach activities to encourage and facilitate the purchase of flood insurance protection and to promote educational activities that increase awareness of flood risk reduction.
Pub. L. 112–141, § 100243(a)(4)–(6), added pars. (27) and (28).
2003—Subsec. (a)(22). Pub. L. 108–146, § 2(1), which directed amendment of par. (22) by striking out “and” at end, could not be executed because that word had been previously stricken.
Subsec. (a)(23). Pub. L. 108–146, § 2(2), which directed amendment of par. (23) by substituting a semicolon for period at end, could not be executed because par. (23) did not have a period at end.
Subsec. (a)(24). Pub. L. 108–146, § 2(2), added par. (24) relating to tornado-safe shelters.
2002—Subsec. (a)(8). Pub. L. 107–116 substituted “through 2003” for “through 2001”.
2000—Subsec. (a)(8). Pub. L. 106–377 substituted “1993 through 2001 to the City of Los Angeles” for “1993 through 2000 to the City of Los Angeles”.
1998—Subsec. (a)(8). Pub. L. 105–276, § 596(a), which directed the substitution of “2000” for “1998”, was executed by substituting “2000” for “1999”, to reflect the probable intent of Congress and the amendment by Pub. L. 105–276, § 218, see below.
Pub. L. 105–276, § 232, substituted “each of fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph;” for “fiscal year 1994 to the City of Pittsburgh, Pennsylvania, such city may use not more than 20 percent in each such fiscal year for activities under this paragraph;”.
Pub. L. 105–276, § 218, substituted “1999” for “1998”.
Subsec. (h). Pub. L. 105–276, § 588, added subsec. (h).
1996—Subsec. (a)(4). Pub. L. 104–134, § 101[(e)] [title II, § 225(1)], inserted “reconstruction,” after “removal,” and substituted “acquisition for reconstruction or rehabilitation, and reconstruction or rehabilitation” for “acquisition for rehabilitation, and rehabilitation”.
Subsec. (a)(8). Pub. L. 104–204 substituted “through 1998” for “through 1997”.
Subsec. (a)(13). Pub. L. 104–134, § 101(e) [title II, § 225(2)], struck out “and” at end.
Subsec. (a)(19). Pub. L. 104–134, § 101(e) [title II, § 225(3), (6)], redesignated par. (20) as (19) and struck out former par. (19) which read as follows: “provision of assistance to facilitate substantial reconstruction of housing owned and occupied by low and moderate income persons (A) where the need for the reconstruction was not determinable until after rehabilitation under this section had already commenced, or (B) where the reconstruction is part of a neighborhood rehabilitation effort and the grantee (i) determines the housing is not suitable for rehabilitation, and (ii) demonstrates to the satisfaction of the Secretary that the cost of substantial reconstruction is significantly less than the cost of new construction and less than the fair market value of the property after substantial reconstruction;”.
Subsec. (a)(20). Pub. L. 104–134, § 101(e) [title II, § 225(6)], redesignated par. (21) relating to housing services as (20). Former par. (20) redesignated (19).
Subsec. (a)(21). Pub. L. 104–134, § 101(e) [title II, § 225(6)], redesignated par. (22) as (21). Former par. (21), relating to housing services, redesignated (20). Another former par. (21), relating to lead-based paint hazard evaluation and reduction, redesignated (25).
Subsec. (a)(22). Pub. L. 104–134, § 101(e) [title II, § 225(6)], redesignated par. (23) as (22). Former par. (22) redesignated (21).
Subsec. (a)(23). Pub. L. 104–134, § 101(e) [title II, § 225(4), (6)], redesignated par. (24) as (23) and struck out “and” at end. Former par. (23) redesignated (22).
Subsec. (a)(24). Pub. L. 104–134, § 101(e) [title II, § 225(5), (6)], redesignated par. (25) as (24) and substituted “; and” for period at end. Former par. (24) redesignated (23).
Subsec. (a)(25). Pub. L. 104–134, § 101(e) [title II, § 225(7)], redesignated par. (21) relating to lead-based paint hazard evaluation and reduction as (25). Former par. (25) redesignated (24).
1994—Subsec. (a)(13). Pub. L. 103–233, § 207(a), inserted cl. (A) and designated provisions after cl. (A) as cl. (B).
Subsec. (a)(21). Pub. L. 103–233, § 207(b), inserted “in connection with tenant-based rental assistance and affordable housing projects assisted under title II of the Cranston-Gonzalez National Affordable Housing Act” after “housing counseling” and substituted “assisted under title II of the Cranston-Gonzalez National Affordable Housing Act” for “authorized under this section, or under title II of the Cranston-Gonzalez National Affordable Housing Act, except that activities under this paragraph shall be subject to any limitation on administrative expenses imposed by any law”.
1993—Subsec. (a)(8). Pub. L. 103–195 struck out “and” after “higher amount,” and inserted before semicolon at end “, and except that of any amount of assistance under this chapter (including program income) in fiscal year 1994 to the City of Pittsburgh, Pennsylvania, such city may use not more than 20 percent in each such fiscal year for activities under this paragraph”.
1992—Subsec. (a)(3). Pub. L. 102–550, § 807(e), substituted “public or private improvements or” for “public improvements and”.
Subsec. (a)(8). Pub. L. 102–550, § 807(a)(1), inserted before semicolon at end “, and except that of any amount of assistance under this chapter (including program income) in each of fiscal years 1993 through 1997 to the City of Los Angeles and County of Los Angeles, each such unit of general government may use not more than 25 percent in each such fiscal year for activities under this paragraph”.
Subsec. (a)(13). Pub. L. 102–550, § 809, inserted “payment of reasonable administrative costs related to establishing and administering federally approved enterprise zones and” after “(13)”.
Subsec. (a)(14). Pub. L. 102–550, § 807(d), inserted “provision of assistance including loans (both interim and long-term) and grants for” before “activities”.
Subsec. (a)(15). Pub. L. 102–550, § 807(f), inserted “nonprofit organizations serving the development needs of the communities in nonentitlement areas,” after “corporations,”.
Subsec. (a)(20). Pub. L. 102–550, § 807(a)(2)–(4), added par. (20) and redesignated former par. (20) as (25).
Subsec. (a)(21). Pub. L. 102–550, § 1012(f), added par. (21) relating to lead-based paint hazard evaluation and reduction.
Pub. L. 102–550, § 807(a)(2)–(4), added par. (21) relating to housing services.
Subsec. (a)(22). Pub. L. 102–550, § 807(a)(2)–(4), added par. (22).
Subsec. (a)(23) to (25). Pub. L. 102–550, § 807(b)(3), amended directory language of Pub. L. 101–625, § 907(b)(2). See 1990 Amendment note below.
Pub. L. 102–550, § 807(a)(2)–(4), added pars. (23) and (24) and redesignated former par. (20) as (25).
Subsec. (c)(4). Pub. L. 102–550, § 806(e), added par. (4).
Subsec. (d). Pub. L. 102–550, § 805, added subsec. (d).
Subsec. (e). Pub. L. 102–550, § 806(a), added subsec. (e).
Subsec. (f). Pub. L. 102–550, § 806(b), added subsec. (f).
Subsec. (g). Pub. L. 102–550, § 807(c)(1), added subsec. (g).
1990—Subsec. (a)(8). Pub. L. 101–625, § 908, inserted “(or in the case of nonentitled communities not more than 15 per centum statewide)” after “assistance to a unit of general local government” and “including program income” before “may be used for activities”.
Subsec. (a)(17). Pub. L. 101–625, § 907(a), amended par. (17) generally. Prior to amendment, par. (17) read as follows: “provision of assistance to private, for-profit entities, when the assistance is necessary or appropriate to carry out an economic development project;”.
Subsec. (a)(20). Pub. L. 101–625, § 907(b)(1), added par. (20).
Subsec. (a)(23) to (25). Pub. L. 101–625, § 907(b)(2), as amended by Pub. L. 102–550, § 807(b)(3), directed the amendment of subsec. (a) by inserting “and” at end of par. (23), substituting a period for “; and” at end of par. (24), and striking out par. (25). This amendment was not executed pursuant to Pub. L. 104–204 which provided that subsec. (a)(25) shall continue to be effective and the termination and conforming provisions of section 907(b)(2) of Pub. L. 101–625 shall not be effective. See Effective Date of 1990 Amendments note below.
1988—Subsec. (a)(15). Pub. L. 100–242, § 504(a), substituted “assistance” for “grants” in two places.
Subsec. (a)(16). Pub. L. 100–242, § 504(b), amended par. (16) generally, revising and restating as subpars. (A) and (B) provisions of former subpars. (A) to (I).
Subsec. (a)(19). Pub. L. 100–242, § 510, added par. (19).
Subsec. (c)(2). Pub. L. 100–242, § 511, designated existing provision as subpar. (A), redesignated subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (c)(2)(A)(iii). Pub. L. 100–404 added cl. (iii).
1984—Subsec. (a)(8). Pub. L. 98–479, § 101(a)(8)(A), inserted “fiscal year 1982 or”.
Subsec. (a)(15). Pub. L. 98–479, § 101(a)(8)(B), substituted “and” for “including” before “grants to neighborhood-based nonprofit organizations”.
Subsec. (c)(2)(B). Pub. L. 98–479, § 101(a)(9)(A), substituted “in any metropolitan city or urban county, the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income” for “in any jurisdiction having no areas meeting the requirements of subparagraph (A), the area served by such activity has a larger proportion of persons of low and moderate income than not less than 75 percent of the other areas in the jurisdiction of the recipient”.
1983—Subsec. (a)(2). Pub. L. 98–181, § 105(a), amended par. (2) generally, inserting exception for buildings for the general conduct of government, and striking out provisions which enumerated types of public works, facilities, and site or other improvements, including neighborhood facilities, centers for the handicapped, senior centers, historic properties, etc.
Subsec. (a)(8). Pub. L. 98–181, § 105(b)(1), substituted “not more than 15 per centum” for “not more than 10 per centum” and inserted at the end thereof “unless such unit of general local government used more than 15 percent of the assistance received under this chapter for fiscal year 1983 for such activities (excluding any assistance received pursuant to Public Law 98–8), in which case such unit of general local government may use not more than the percentage or amount of such assistance used for such activities for such fiscal year, whichever method of calculation yields the higher amount”.
Subsec. (a)(14). Pub. L. 98–181, § 105(c), substituted “public facilities (except for buildings for the general conduct of government)” for “public facilities”.
Subsec. (a)(15). Pub. L. 98–181, § 105(d), inserted provision for assistance for shared housing facilities for elderly families, as defined in section 1437a(b)(3) of this title.
Subsec. (a)(18). Pub. L. 98–181, § 302(a), added par. (18).
Subsec. (c). Pub. L. 98–181, § 105(e), added subsec. (c).
1981—Subsec. (a). Pub. L. 97–35, § 309(f)(1), in provisions preceding par. (1) substituted provisions relating to activities eligible for assistance for provisions relating to activities of a Community Development Program eligible for assistance.
Subsec. (a)(6). Pub. L. 97–35, § 309(f)(2), struck out “program” after “displaced by”.
Subsec. (a)(8). Pub. L. 97–35, § 303(a)(1), added new par. (8) which generally revised and restructured provisions relating to provision of public services if such services have not been provided by the relevant unit of local government or State in which such unit is located, and limited amount of assistance under this paragraph to not more than 10 per centum of the amount of any assistance to a unit of general local government under this chapter.
Subsec. (a)(9). Pub. L. 97–35, § 309(f)(3), substituted “activities assisted under this chapter” for “Community Development Program”.
Subsec. (a)(11). Pub. L. 97–35, § 309(f)(4), struck out “to the community development program” after “appropriate”.
Subsec. (a)(13). Pub. L. 97–35, § 303(a)(2), inserted reference to the carrying out of activities as described in section 701(e) of the Housing Act of 1954 on
Subsec. (a)(14). Pub. L. 97–35, § 309(f)(5), substituted “which are carried out by public or private non-profit entities” for “(as specifically described in the application submitted pursuant to section 5304 of this title) which are carried out by public or private non-profit entities when such activities are necessary or appropriate to meeting the needs and objectives of the community development plan described in section 5304(a)(1) of this title”.
Subsec. (a)(15). Pub. L. 97–35, § 309(f)(6), struck out “(as specifically described in the application submitted pursuant to section 5304 of this title)” after “conservation project”.
Subsec. (a)(17). Pub. L. 97–35, § 303(a)(5), added par. (17).
Subsec. (b). Pub. L. 97–35, § 309(g), substituted “assistance” for “a grant”.
1980—Subsec. (a)(2). Pub. L. 96–399, § 104(c)(1), inserted provisions respecting design features and improvements, power generation and distribution facilities, park, etc., facilities, and recycling and conversion facilities.
Subsec. (a)(4). Pub. L. 96–399, § 104(c)(2), (d), inserted provisions respecting rehabilitation which promotes energy efficiency and the renovation of closed school buildings.
Subsec. (a)(8). Pub. L. 96–399, § 104(c)(3), inserted reference to energy conservation.
Subsec. (a)(14). Pub. L. 96–399, § 104(c)(5), (e)(1), inserted provision respecting the application pursuant to section 5304 of this title.
Subsec. (a)(15). Pub. L. 96–399, § 104(c)(4), (5), (e)(2), inserted provisions respecting energy conservation, and the application submitted pursuant to section 5304 of this title.
Subsec. (a)(16). Pub. L. 96–399, § 104(c)(5), added par. (16).
1978—Subsec. (a)(11). Pub. L. 95–557 inserted “displaced” after “payments and assistance for” and substituted “when determined by the grantee to be appropriate to the community development program” for “displaced by activities assisted under this chapter”.
1977—Subsec. (a). Pub. L. 95–128, § 105(a), inserted in introductory text description of activities covered including the words “These activities”.
Subsec. (a)(4). Pub. L. 95–128, § 105(b), substituted “(including interim assistance, and financing public or private acquisition for rehabilitation, and rehabilitation, of privately owned properties)” for “(including interim assistance and financing rehabilitation of privately owned properties when incidental to other activities)”.
Subsec. (a)(8). Pub. L. 95–128, § 105(c), struck out from cl. (A) “economic development,” before “crime prevention” and authorized the program to provide public services only if such services have not been provided by the unit of general local government during any part of the twelve-month period preceding the date of application submission for funds to be made available under this chapter, and to be utilized for such services, unless the Secretary finds that the discontinuation of such services was the result of events not within the control of the applicant.
Subsec. (a)(14), (15). Pub. L. 95–128, § 105(d), added pars. (14) and (15).
1976—Subsec. (a)(2). Pub. L. 94–375 inserted “centers for the handicapped,” after “neighborhood facilities,”.
Change Of Name
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (a)(25)(A)(iii), (B), (D) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until
Effective Date Of Amendment
Pub. L. 112–141, div. F, title II, § 100243(b),
Amendment by Pub. L. 107–116 effective
Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon
Pub. L. 105–276, title V, § 596(b),
Amendment by Pub. L. 103–233 applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of chapter 130 of this title after
Pub. L. 104–204, title II,
Pub. L. 104–134, title I, § 101(e) [title II],
Pub. L. 104–120, § 3(a),
Amendment by section 907(b)(2) of Pub. L. 101–625, as amended by Pub. L. 102–550, title VIII, § 807(b)(1), (2),
Pub. L. 98–479, title I, § 101(a)(9)(B),
Amendment by Pub. L. 98–181 applicable only to funds available for fiscal year 1984 and thereafter, see section 110(b) of Pub. L. 98–181, as amended, set out as a note under section 5316 of this title.
Amendment by Pub. L. 97–35 effective
Amendment by Pub. L. 95–557 effective
Amendment by Pub. L. 95–128 effective
Miscellaneous
Pub. L. 105–276, title II,
Pub. L. 105–276, title II, § 205,
Similar provisions were contained in the following prior appropriation act:
Pub. L. 105–65, title II, § 209,
Pub. L. 102–550, title VIII, § 806(c),
Pub. L. 102–550, title VIII, § 806(d),
Pub. L. 102–550, title VIII, § 807(c)(4),
Pub. L. 102–550, title VIII, § 853,
Pub. L. 97–35, title III, § 303(b),