II

107TH CONGRESS

1ST SESSION S. 1248

To establish a National Housing Trust Fund in the Treasury of the United

States to provide for the development of decent, safe, and affordable

housing for low-income families, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 25, 2001

Mr. KERRY (for himself, Mr. CHAFEE, Mr. REED, Mr. JEFFORDS, Mr. SARBANES, Mr. LEAHY, Mr. WELLSTONE, Mr. DAYTON, Mrs. FEINSTEIN,

Mr. LEVIN, Mr. SCHUMER, Mr. DURBIN, Ms. STABENOW, Mrs. BOXER,

Mr. KENNEDY, Mr. CORZINE, and Mr. DODD) introduced the following

bill; which was read twice and referred to the Committee on Banking,

Housing, and Urban Affairs

A BILL

To establish a National Housing Trust Fund in the Treasury

of the United States to provide for the development

of decent, safe, and affordable housing for low-income

families, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Affordable

5 Housing Trust Fund Act of 2001’’.
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1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to fill the growing gap in the national abil4 ity to build affordable housing by using profits gen5 erated by Federal housing programs to fund addi6 tional housing activities, and not supplant existing

7 housing appropriations;

8 (2) to enable rental housing to be built for

9 those families with the greatest need in areas with

10 the greatest opportunities in mixed-income settings

11 and to promote homeownership for low-income fami12 lies; and

13 (3) to provide for approximately 1,500,000 ad14 ditional affordable, low-income housing units over

15 the next 10 years.

16 SEC. 3. DEFINITIONS.

17 (a) DEFINITIONS.—In this Act:

18 (1) ADJUSTED INCOME.—The term ‘‘adjusted

19 income’’ has the same meaning as in section 3(b) of

20 the United States Housing Act of 1937 (42 U.S.C.

21 1437a(b)).

22 (2) AFFORDABLE HOUSING.—The term ‘‘afford23 able housing’’ means housing for rental that bears

24 rents not greater than the lesser of—

25 (A) the existing fair market rent for com26 parable units in the area, as established by the
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1 Secretary under section 8 of the United States

2 Housing Act of 1937 (42 U.S.C. 1437f); or

3 (B) a rent that does not exceed 30 percent

4 of the adjusted income of a family whose in5 come equals 65 percent of the median income

6 for the area, as determined by the Secretary,

7 with an adjustment for the number of bedrooms

8 in the unit, except that the Secretary may es9 tablish income ceilings higher or lower than 65

10 percent of the median for the area on the basis

11 of the findings of the Secretary that such vari12 ations are necessary because of the prevailing

13 levels of construction costs or fair market rents,

14 or unusually high or low family incomes.

15 (3) CONTINUED ASSISTANCE RENTAL SUBSIDY

16 PROGRAM.—The term ‘‘continued assistance rental

17 subsidy program’’ means a program under which—

18 (A) project-based assistance is provided for

19 not more than 3 years to a family in an afford20 able housing unit that was developed with as21 sistance made available under subsection (b) or

22 (c) of section 5 in a project that partners with

23 a public housing agency, which agency agrees to

24 provide the assisted family with a priority for

25 the receipt of a voucher under section 8(o) of
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1 the United States Housing Act of 1937 (42

2 U.S.C. 1437f(o)) if the family chooses to move

3 after an initial year of occupancy and the public

4 housing agency agrees to refer eligible voucher

5 holders to the property when vacancies occur;

6 and

7 (B) after 3 years, subject to appropria8 tions, continued assistance is provided under

9 section 8(o) of the United States Housing Act

10 of 1937 (42 U.S.C. 1437f(o)), notwithstanding

11 any provision to the contrary in that section,

12 if administered to provide families with the op13 tion of continued assistance with tenant-based

14 vouchers, if such a family chooses to move after

15 an initial year of occupancy and the public

16 housing agency agrees to refer eligible voucher

17 holders to the property when vacancies occur.

18 (4) ELIGIBLE ACTIVITIES.—The term ‘‘eligible

19 activities’’ means activities relating to the develop20 ment of affordable housing, including—

21 (A) the construction of new housing;

22 (B) the acquisition of real property;

23 (C) site preparation and improvement, in24 cluding demolition;
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1 (D) substantial rehabilitation of existing

2 housing; and

3 (E) rental subsidy, in the same manner as

4 voucher assistance under section 8(o)(13) of the

5 United States Housing Act of 1937 (42 U.S.C.

6 1437f(o)(13)).

7 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ includes any public or private nonprofit or for9 profit entity, unit of local government, regional plan10 ning entity, and any other entity engaged in the de11 velopment of affordable housing, as determined by

12 the Secretary.

13 (6) ELIGIBLE INTERMEDIARY.—The term ‘‘eli14 gible intermediary’’ means—

15 (A) a nonprofit community development

16 corporation;

17 (B) a community development financial in18 stitution (as defined in section 103 of the Com19 munity Development Banking and Financial In20 stitutions Act of 1994 (12 U.S.C. 4702));

21 (C) a State or local trust fund;

22 (D) any entity eligible for assistance under

23 section 4 of the HUD Demonstration Act of

24 1993 (42 U.S.C. 9816 note);
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1 (E) a national, regional, or statewide non2 profit organization; and

3 (F) any other appropriate nonprofit entity,

4 as determined by the Secretary.

5 (7) EXTREMELY LOW-INCOME FAMILIES.—The

6 term ‘‘extremely low-income families’’ means very

7 low-income families (as defined in section 3(b) of the

8 United States Housing Act of 1937 (42 U.S.C.

9 1437a(b)) whose incomes do not exceed 30 percent

10 of the median family income for the area, as deter11 mined by the Secretary with adjustments for smaller

12 and larger families, except that the Secretary may

13 establish income ceilings higher or lower than 30

14 percent of the median for the area on the basis of

15 the findings of the Secretary that such variations

16 are necessary because of unusually high or low fam17 ily incomes.

18 (8) LOW-INCOME FAMILIES.—The term ‘‘low-in19 come families’’ has the same meaning as in section

20 3(b) of the United States Housing Act of 1937 (42

21 U.S.C. 1437a(b)).

22 (9) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of Housing and Urban Development.
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1 (10) STATE.—The term ‘‘State’’ has the same

2 meaning as in section 3(b) of the United States

3 Housing Act of 1937 (42 U.S.C. 1437a(b)).

4 SEC. 4. NATIONAL HOUSING TRUST FUND.

5 (a) ESTABLISHMENT OF TRUST FUND.—There is es6 tablished in the Treasury of the United States a trust fund

7 to be known as the ‘‘National Affordable Housing Trust

8 Fund’’ (referred to in this Act as the ‘‘Trust Fund’’) for

9 the purpose of promoting the development of affordable

10 housing.

11 (b) DEPOSITS TO THE TRUST FUND.—For fiscal

12 year 2002, and each fiscal year thereafter, there is appro13 priated to the Trust Fund an amount equal to the sum

14 of—

15 (1) any revenue generated by the Mutual Mort16 gage Insurance Fund of the Federal Housing Ad17 ministration in excess of the amount necessary for

18 the Mutual Mortgage Insurance Fund to maintain a

19 capital ratio of 3 percent for the preceding fiscal

20 year; and

21 (2) any revenue generated by the Government

22 National Mortgage Association in excess of the

23 amount necessary to pay the administrative costs

24 and expenses necessary to ensure the safety and

25 soundness of the Government National Mortgage As-
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1 sociation for the preceding fiscal year, as determined

2 by the Secretary.

3 (c) EXPENDITURES FROM THE TRUST FUND.—For

4 fiscal year 2002, and each fiscal year thereafter, amounts

5 appropriated to the Trust Fund shall be available to the

6 Secretary of Housing and Urban Development for use in

7 accordance with section 5.

8 SEC. 5. ADMINISTRATION OF NATIONAL AFFORDABLE

9 HOUSING TRUST FUND.

10 (a) ALLOCATION TO STATES AND ELIGIBLE INTER11 MEDIARIES.—For fiscal year 2002, and each fiscal year

12 thereafter, of the total amount made available to the Sec13 retary from the Trust Fund under section 4(c), the Sec14 retary shall allocate—

15 (1) 75 percent to award grants to States in ac16 cordance with subsection (b) of this section; and

17 (2) 25 percent to award grants to eligible inter18 mediaries in accordance with subsection (c) of this

19 section.

20 (b) GRANTS TO STATES.—

21 (1) IN GENERAL.—Subject to paragraph (2) of

22 this subsection, from the amount made available for

23 each fiscal year under subsection (a)(1), the Sec24 retary shall award grants to States, in accordance

25 with an allocation formula established by the Sec-
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1 retary, that is based on the pro rata share of each

2 State of the total need among all States for an in3 creased supply of affordable housing, as determined

4 on the basis of—

5 (A) the number and percentage of families

6 in the State that live in substandard housing;

7 (B) the number and percentage of families

8 in the State that pay more than 50 percent of

9 their annual income for housing costs;

10 (C) the number and percentage of persons

11 living at or below the poverty level in the State;

12 (D) the cost of developing or carrying out

13 substantial rehabilitation of housing in the

14 State;

15 (E) the age of the multifamily housing

16 stock in the State; and

17 (F) such other factors as the Secretary de18 termines to be appropriate.

19 (2) GRANT AMOUNT.—

20 (A) IN GENERAL.—The amount of a grant

21 award to a State under this subsection shall be

22 equal to the lesser of—

23 (i) 4 times the amount of assistance

24 provided by the State from non-Federal

25 sources; and
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1 (ii) the allocation determined in ac2 cordance with paragraph (1).

3 (B) NON-FEDERAL SOURCES.—For pur4 poses of this section, non-Federal sources shall

5 include—

6 (i) 50 percent of the funds allocable to

7 tax credits allocated under section 42 of

8 the Internal Revenue Code of 1986;

9 (ii) 50 percent of the revenue from

10 mortgage revenue bonds issued under sec11 tion 143 of the Internal Revenue Code of

12 1986;

13 (iii) 50 percent of the proceeds from

14 the sale of tax exempt bonds;

15 (iv) funds provided under part A of

16 title IV of the Social Security Act (42

17 U.S.C. 601 et seq.); and

18 (v) such other sources as the Sec19 retary determines to be appropriate.

20 (3) AWARD OF STATE ALLOCATION TO CERTAIN

21 ENTITIES.—

22 (A) IN GENERAL.—If the amount provided

23 by a State from non-Federal sources is less

24 than 25 percent of the amount that would be

25 awarded to the State under this subsection
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1 based on the allocation formula described in

2 paragraph (1), not later than 60 days after the

3 date on which the Secretary determines that the

4 State is not eligible for the full allocation deter5 mined under paragraph (1), the Secretary shall

6 issue a notice regarding the availability of the

7 funds for which the State is ineligible.

8 (B) APPLICATIONS.—Not later than 9

9 months after the date of publication of a notice

10 of funding availability under subparagraph (A),

11 a nonprofit or public entity (or a consortium

12 thereof, which may include units of local gov13 ernment working together on a regional basis)

14 may submit to the Secretary an application for

15 the available assistance or a portion of the

16 available assistance, which application shall

17 include—

18 (i) a certification that the applicant

19 will provide assistance in an amount equal

20 to 25 percent of the amount of assistance

21 made available to the applicant under this

22 paragraph; and

23 (ii) an allocation plan that meets the

24 requirements of paragraph (4)(B) for use

25 or distribution in the State of any assist-
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1 ance made available to the applicant under

2 this paragraph and the assistance provided

3 by the applicant for purposes of clause (i).

4 (C) AWARD OF ASSISTANCE.—The Sec5 retary shall award the amount that is not

6 awarded to a State by operation of paragraph

7 (2) to 1 or more applicants that meet the re8 quirements of subparagraph (B) of this para9 graph and that are selected by the Secretary

10 based on selection criteria, which shall be estab11 lished by the Secretary by regulation.

12 (4) DISTRIBUTION TO ELIGIBLE ENTITIES.—

13 (A) IN GENERAL.—Of the amount that a

14 State receives under a grant award under this

15 subsection and the assistance provided by the

16 State from non-Federal sources for purposes of

17 paragraph (2)(A) to eligible entities for the pur18 pose of assisting those entities in carrying out

19 eligible activities in the State, each State shall

20 distribute—

21 (i) not less than 75 percent to eligible

22 entities for eligible activities relating to the

23 development of affordable housing for rent24 al by extremely low-income families in the

25 State; and
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1 (ii) any amount remaining after a dis2 tribution under clause (i) to eligible enti3 ties for eligible activities in a census tract

4 described in subsection (c)(3)(B)(ii)(II) re5 lating to the development of affordable

6 housing for rental by low-income families

7 in the State, or for homeownership assist8 ance for low-income families in the State.

9 (B) ALLOCATION PLAN.—Each State shall

10 have, after giving notice to the public, an oppor11 tunity for public comment and consideration of

12 public comments received, and shall establish

13 an allocation plan for the distribution of assist14 ance under this paragraph, which shall be sub15 mitted to the Secretary and shall be made avail16 able to the public by the State, and which shall

17 include—

18 (i) application requirements for eligi19 ble entities seeking to receive assistance

20 under this paragraph, including a require21 ment that each application include—

22 (I) a certification by the appli23 cant that any housing developed with

24 assistance under this paragraph will

25 remain affordable for extremely low-
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1 income families or low-income fami2 lies, as applicable, for not less than 40

3 years;

4 (II) a certification by the appli5 cant that the tenant contribution to6 wards rent for a family residing in a

7 unit developed with assistance under

8 this paragraph will not exceed 30 per9 cent of the adjusted income of that

10 family; and

11 (III) a certification by the appli12 cant that the owner of a project in

13 which any housing developed with as14 sistance under this paragraph is lo15 cated will make a percentage of units

16 in the project available to families as17 sisted under the voucher program

18 under section 8(o) of the United

19 States Housing Act of 1937 (42

20 U.S.C. 1437f(o)), either by means of

21 a contract with a public housing agen22 cy under paragraph (13) of that sec23 tion or on the same basis as other

24 families eligible for the housing (ex25 cept that only the expected share of
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1 rent of the voucher holder shall be

2 considered, and the screening criteria

3 of the owner shall not have a dis4 parate impact on the voucher holder),

5 which percentage shall not be less

6 than the percentage of the total cost

7 of developing or rehabilitating the

8 project that is funded with assistance

9 under this paragraph, or 25 percent

10 of the total units in the project,

11 whichever is lower; and

12 (ii) factors for consideration in select13 ing among applicants that meet the appli14 cation requirements, which shall give pref15 erence to applicants based on—

16 (I) the amount of assistance for

17 the eligible activities leveraged by the

18 applicant from private and other non19 Federal sources, including assistance

20 made available under section 8 of the

21 United States Housing Act of 1937

22 (42 U.S.C. 1437f) that is devoted to

23 the project in which the housing to be

24 developed with assistance under this

25 paragraph is located;
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1 (II) the extent of local assistance

2 that will be provided in carrying out

3 the eligible activities, including—

4 (aa) financial assistance;

5 and

6 (bb) the extent to which the

7 applicant has worked with the

8 unit of local government in which

9 the housing will be located to ad10 dress issues of siting and exclu11 sionary zoning or other policies

12 that are barriers to affordable

13 housing;

14 (III) the degree to which the de15 velopment in which the housing will

16 be located is mixed-income;

17 (IV) whether the housing will be

18 located in a census tract in which the

19 poverty rate is less than 20 percent;

20 (V) whether the housing will be

21 located in a community undergoing

22 revitalization;

23 (VI) the accessibility of jobs, in24 cluding lower skilled jobs, to the

25 project;
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1 (VII) the extent to which the ap2 plicant demonstrates the ability to

3 maintain units as affordable for ex4 tremely low-income or low-income

5 families, as applicable, through the

6 use of assistance made available under

7 this paragraph, assistance leveraged

8 from non-Federal sources, assistance

9 made available under section 8 of the

10 United States Housing Act of 1937

11 (42 U.S.C. 1437f), State or local as12 sistance, programs to increase tenant

13 income, cross-subsidization, and any

14 other resources; and

15 (VIII) whether the development

16 will house families that need not fewer

17 than 3 bedrooms or provide accessible

18 units for the disabled, unless the allo19 cation plan indicates that the State

20 does not have a significant need for

21 those types of units.

22 (C) FORMS OF ASSISTANCE.—

23 (i) IN GENERAL.—Assistance distrib24 uted under this paragraph may be in the

25 form of capital grants, non-interest bearing
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1 or low-interest loans or advances, deferred

2 payment loans, guarantees, and any other

3 form of assistance approved by the Sec4 retary.

5 (ii) REPAYMENTS.—If a State awards

6 assistance under this paragraph in the

7 form of a loan or other mechanism by

8 which funds are later repaid to the State,

9 any repayments received by the State shall

10 be distributed by the State in accordance

11 with the allocation plan described in sub12 paragraph (B) in the following fiscal year.

13 (D) COORDINATION WITH OTHER ASSIST14 ANCE.—In distributing assistance under this

15 paragraph, each State shall, to the maximum

16 extent practicable, coordinate the distribution

17 with the provision of other affordable housing

18 assistance by the State, including—

19 (i) housing credit dollar amounts allo20 cated by the State under section 42(h) of

21 the Internal Revenue Code of 1986;

22 (ii) assistance made available under

23 the HOME Investment Partnerships Act

24 or the community development block grant

25 program; and
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1 (iii) private activity bonds.

2 (c) NATIONAL COMPETITION.—

3 (1) IN GENERAL.—From the amount made

4 available for each fiscal year under subsection

5 (a)(2), the Secretary shall award grants on a com6 petitive basis to eligible intermediaries, which shall

7 be used in accordance with paragraph (3) of this

8 subsection.

9 (2) APPLICATION REQUIREMENTS AND SELEC10 TION CRITERIA.—The Secretary, by regulation, shall

11 establish application requirements and selection cri12 teria for the award of competitive grants to eligible

13 intermediaries under this subsection, which criteria

14 shall include—

15 (A) the ability of the eligible intermediary

16 to meet the housing needs of low-income fami17 lies on a national or regional scope;

18 (B) the capacity of the eligible inter19 mediary to use the grant award in accordance

20 with paragraph (3), based on the past perform21 ance and management of the applicant; and

22 (C) the extent to which the eligible inter23 mediary has leveraged funding from private and

24 other non-Federal sources for the eligible activi25 ties.
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1 (3) USE OF GRANT AWARD.—

2 (A) IN GENERAL.—Except as provided in

3 subparagraph (B), each eligible intermediary

4 that receives a grant award under this sub5 section shall ensure that, of the amount made

6 available under the grant—

7 (i) 75 percent shall be used for eligi8 ble activities relating to the development of

9 affordable housing for rental by extremely

10 low-income families; and

11 (ii) 25 percent shall be used for eligi12 ble activities relating to the development of

13 affordable housing for rental by low-income

14 families, or for homeownership assistance

15 for low-income families.

16 (B) EXCEPTION.—

17 (i) IN GENERAL.—If the amount

18 made available under this subsection is

19 used for a project described in clause (ii),

20 subject to the requirements of subpara21 graph (A)(i), an eligible intermediary may

22 use the grant amount for eligible activities

23 relating to the development of housing for

24 rental by families whose incomes are less

25 than 60 percent of the area median in-
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1 come, and for homeownership activities for

2 families whose incomes are less than 80

3 percent of the area median income.

4 (ii) PROJECT CONTRIBUTING TO A

5 CONCERTED COMMUNITY REVITALIZATION

6 PLAN.—A project is described in this

7 clause if—

8 (I) it is located in a community

9 undergoing concerted revitalization

10 and is contributing to a community

11 revitalization plan; and

12 (II) it is located in a census tract

13 in which—

14 (aa) the median household

15 income is less than 60 percent of

16 the area median income; or

17 (bb) the rate of poverty is

18 greater than 20 percent.

19 (C) PLAN OF USE.—Each eligible inter20 mediary that receives a grant award under this

21 subsection shall establish a plan for the use or

22 distribution of the amount made available under

23 the grant, which shall be submitted to the Sec24 retary, and which shall include information re25 lating to the manner in which the eligible inter-
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1 mediary will either use or distribute that

2 amount, including—

3 (i) a certification that assistance made

4 available under this subsection will be used

5 to supplement assistance leveraged from

6 private and other non-Federal sources, in7 cluding assistance made available under

8 section 8 of the United States Housing Act

9 of 1937 (42 U.S.C. 1437f) that is devoted

10 to the project in which the housing to be

11 developed is located;

12 (ii) a certification that local assistance

13 will be provided in carrying out the eligible

14 activities, which may include—

15 (I) financial assistance; and

16 (II) a good faith effort to work

17 with the unit of local government in

18 which the housing will be located to

19 address issues of siting and exclu20 sionary zoning or other policies that

21 are barriers to affordable housing;

22 (iii) a certification that any housing

23 developed with assistance under this sub24 section will remain affordable for extremely
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1 low-income families or low-income families,

2 as applicable, for not less than 40 years;

3 (iv) a certification that any housing

4 developed by the applicant with assistance

5 under this subsection will be located—

6 (I) in a mixed-income develop7 ment in a census tract having a pov8 erty rate of not more than 20 percent,

9 and near employment and other op10 portunities for low-income families; or

11 (II) in a community undergoing

12 revitalization;

13 (v) a certification that the tenant con14 tribution towards rent for a family residing

15 in a unit developed with assistance under

16 this paragraph will not exceed 30 percent

17 of the adjusted income of that family; and

18 (vi) a certification by the applicant

19 that the owner of a project in which any

20 housing developed with assistance under

21 this subsection is located will make a per22 centage of units in the project available to

23 families assisted under the voucher pro24 gram under section 8(o) of the United

25 States Housing Act of 1937 (42 U.S.C.
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1 1437f(o)), either by means of a contract

2 with a public housing agency under para3 graph (13) of that section or on the same

4 basis as other families eligible for the

5 housing (except that only the expected

6 share of rent of the voucher holder shall

7 be considered, and the screening criteria of

8 the owner shall not have a disparate im9 pact on the voucher holder), which percent10 age shall not be less than the percentage

11 of the total cost of developing or rehabili12 tating the project that is funded with as13 sistance under this subsection, or 25 per14 cent of the total units in the project,

15 whichever is lower.

16 (D) FORMS OF ASSISTANCE.—

17 (i) IN GENERAL.—An eligible inter18 mediary may distribute the amount made

19 available under a grant under this sub20 section in the form of capital grants, non21 interest bearing or low-interest loans or

22 advances, deferred payment loans, guaran23 tees, and other forms of assistance.

24 (ii) REPAYMENTS.—If an eligible

25 intermediary awards assistance under this
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1 subsection in the form of a loan or other

2 mechanism by which funds are later repaid

3 to the eligible intermediary, any repay4 ments received by the eligible intermediary

5 shall be distributed by the eligible inter6 mediary in accordance with the plan of use

7 described in subparagraph (C) in the fol8 lowing fiscal year.

9 (d) TREATMENT UNDER THE INTERNAL REVENUE

10 CODE.—

11 (1) IN GENERAL.—Assistance provided under

12 this Act with respect to any building shall not be

13 taken into account under section 42(i)(2)(D) of the

14 Internal Revenue Code of 1986, if 40 percent or

15 more of the residential units in the building are oc16 cupied by individuals whose income is 50 percent or

17 less of the area median gross income. Section

18 42(d)(5)(C) of that Code shall not apply to any

19 building to which the preceding sentence applies.

20 (2) SPECIAL RULE FOR CERTAIN HIGH-COST

21 HOUSING AREAS.—In the case of a building located

22 in a city described in section 142(d)(6) of the Inter23 nal Revenue Code of 1986, paragraph (1) shall be

24 applied by substituting ‘‘25 percent’’ for ‘‘40 per25 cent’’.
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1 SEC. 6. REGULATIONS.

2 Not later than 6 months after the date of enactment

3 of this Act, the Secretary of Housing and Urban Develop4 ment shall promulgate regulations to carry out this Act,

5 including requirements relating to the reporting and col6 lection of information necessary to enforce the provisions

7 of this Act.

8 SEC. 7. FEDERAL FINANCIAL ASSISTANCE.

9 For the purpose of applying the prohibitions against

10 discrimination on the basis of age under the Age Discrimi11 nation Act of 1975 (42 U.S.C. 6101 et seq.), on the basis

12 of disability under section 504 of the Rehabilitation Act

13 of 1973 (29 U.S.C. 794), on the basis of sex under title

14 IX of the Education Amendments of 1972 (20 U.S.C.

15 1681 et seq.), or on the basis of race, color, or national

16 origin under title VI of the Civil Rights Act of 1964 (42

17 U.S.C. 2000d et seq.), programs and activities funded or

18 otherwise financially assisted in whole or in part under

19 this Act are considered to be programs and activities re20 ceiving Federal financial assistance, and education pro21 grams and activities receiving Federal financial assistance.

Æ