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42 U.S.C. § 13557 (THE PUBLIC HEALTH AND WELFARE)
§ 13557. Sense of Congress on risk assessments
It is the sense of Congress that Federal agencies conducting assessments of risks to human health and the environment from energy technology, production, transport, transmission, distribution, storage, use, or conservation activities shall use sound and objective scientific practices in assessing such risks, shall consider the best available science (including peer reviewed studies), and shall include a description of the weight of the scientific evidence concerning such risks.
(Pub. L. 102–486, title XXX, § 3022, as added Pub. L. 109–58, title XIV, § 1401, Aug. 8, 2005, 119 Stat. 1061.)
42 U.S.C. § 13571 (THE PUBLIC HEALTH AND WELFARE)
§ 13571. Purposes
The purposes of this subchapter are to—
(1) promote national energy policy and energy security, diversity, and economic competitiveness benefits that result from the increased use of coal;
(2) mitigate financial risks, reduce the cost of clean coal generation, and increase the marketplace acceptance of clean coal generation and pollution control equipment and processes; and
(3) facilitate the environmental performance of clean coal generation.
(Pub. L. 102–486, title XXXI, § 3101, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 757.)
42 U.S.C. § 13572 (THE PUBLIC HEALTH AND WELFARE)
§ 13572. Authorization of program
(a) In general
The Secretary shall carry out a program of financial assistance to—
(1) facilitate the production and generation of coal-based power, through the deployment of clean coal electric generating equipment and processes that, compared to equipment or processes that are in operation on a full scale—
(A) improve—
(i) energy efficiency; or
(ii) environmental performance consistent with relevant Federal and State clean air requirements, including those promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); and
(B) are not yet cost competitive; and
(2) facilitate the utilization of existing coal-based electricity generation plants through projects that—
(A) deploy advanced air pollution control equipment and processes; and
(B) are designed to voluntarily enhance environmental performance above current applicable obligations under the Clean Air Act and State implementation efforts pursuant to such Act.
(b) Financial criteria
As determined by the Secretary for a particular project, financial assistance under this subchapter shall be in the form of—
(1) cost-sharing of an appropriate percentage of the total project cost, not to exceed 50 percent as calculated under section 16352 of this title; or
(2) financial assistance, including grants, cooperative agreements, or loans as authorized under this Act or other statutory authority of the Secretary.
(Pub. L. 102–486, title XXXI, § 3102, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 757.)
heading: References in Text
text: The Clean Air Act, referred to in subsec. (a)(1)(A)(ii), (2)(B), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
This Act, referred to in subsec. (b)(2), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
42 U.S.C. § 13574 (THE PUBLIC HEALTH AND WELFARE)
§ 13574. Air quality enhancement program
(a) Eligible projects
Projects supported under section 13572(a)(2) of this title shall—
(1) utilize technologies that meet relevant Federal and State clean air requirements applicable to the unit or facility, including being adequately demonstrated for purposes of section 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title; or
(2) utilize equipment or processes that exceed relevant Federal or State clean air requirements applicable to the unit or facilities included in the projects by achieving greater efficiency or environmental performance.
(b) Priority in project selection
In making an award under section 13572(a)(2) of this title, the Secretary shall give priority to—
(1) projects whose installation is likely to result in significant air quality improvements in nonattainment air quality areas or substantially reduce the emission level of criteria pollutants and mercury air emissions;
(2) projects for pollution control that result in the mitigation or collection of more than 1 pollutant; and
(3) projects designed to allow the use of the waste byproducts or other byproducts of the equipment.
(c) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out section 13572(a)(2) of this title—
(1) $300,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008;
(3) $40,000,000 for fiscal year 2009;
(4) $30,000,000 for fiscal year 2010; and
(5) $30,000,000 for fiscal year 2011.
(d) Applicability
No technology, or level of emission reduction under subsection (a)(2) of this section shall be treated as adequately demonstrated for purpose of Section 1 7411 of this title, achievable for purposes of section 7479 of this title, or achievable in practice for purposes of section 7501 of this title solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under section 13572(a)(2) of this title.
(Pub. L. 102–486, title XXXI, § 3104, as added Pub. L. 109–58, title IV, § 421(a), Aug. 8, 2005, 119 Stat. 759.)
42 U.S.C. § 13601 (THE PUBLIC HEALTH AND WELFARE)
§ 13601. Compliance by owners as condition of Federal assistance
The Secretary of Housing and Urban Development shall require owners of federally assisted housing (as such term is defined in section 13641(2) of this title), as a condition of receiving housing assistance for such housing, to comply with the procedures and requirements established under this subchapter.
(Pub. L. 102–550, title VI, § 641, Oct. 28, 1992, 106 Stat. 3820.)
heading: Effective Date
text: Chapter applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section 13642 of this title.
42 U.S.C. § 13602 (THE PUBLIC HEALTH AND WELFARE)
§ 13602. Compliance with criteria for occupancy as requirement for tenancy
In selecting tenants for occupancy of units in federally assisted housing, an owner of such housing shall utilize the criteria for occupancy in federally assisted housing established by the Secretary, by regulation, under section 13603 of this title. If an owner determines that an applicant for occupancy in the housing does not meet such criteria, the owner may deny such applicant occupancy.
(Pub. L. 102–550, title VI, § 642, Oct. 28, 1992, 106 Stat. 3821.)
42 U.S.C. § 13604 (THE PUBLIC HEALTH AND WELFARE)
§ 13604. Assisted applications
(a) Authority
The Secretary shall provide that any individual or family applying for occupancy in federally assisted housing may include in the application for the housing the name, address, phone number, and other relevant information of a family member, friend, or social, health, advocacy, or other organization, and that the owner shall treat such information as confidential.
(b) Maintenance of information
The Secretary shall require the owner of any federally assisted housing receiving an application including such information to maintain such information for any applicants who become tenants of the housing, for the purposes of facilitating contact by the owner with such person or organization to assist in providing any services or special care for the tenant and assist in resolving any relevant tenancy issues arising during the tenancy of such tenant.
(c) Limitations
An owner of federally assisted housing may not require any individual or family applying for occupancy in the housing to provide the information described in subsection (a) of this section.
(Pub. L. 102–550, title VI, § 644, Oct. 28, 1992, 106 Stat. 3823.)
42 U.S.C. § 13611 (THE PUBLIC HEALTH AND WELFARE)
§ 13611. Authority
Notwithstanding any other provision of law, an owner of a covered section 8 housing project (as such term is defined in section 13619 of this title) designed primarily for occupancy by elderly families may, in selecting tenants for units in the project that become available for occupancy, give preference to elderly families who have applied for occupancy in the housing, subject to the requirements of this subchapter.
(Pub. L. 102–550, title VI, § 651, Oct. 28, 1992, 106 Stat. 3823.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3823, which enacted this subchapter and amended section 1437f of this title.
42 U.S.C. § 13612 (THE PUBLIC HEALTH AND WELFARE)
§ 13612. Reservation of units for disabled families
(a) Requirement
Notwithstanding any other provision of law, for any project for which an owner gives preference in occupancy to elderly families pursuant to section 13611 of this title, such owner shall (subject to sections 13613, 13614, and 13615 of this title) reserve units in the project for occupancy only by disabled families who are not elderly or near-elderly families (and who have applied for occupancy in the housing) in the number determined under subsection (b) of this section.
(b) Number of units
Each owner required to reserve units in a project for occupancy under subsection (a) of this section shall reserve a number of units in the project that is not less than the lesser of—
(1) the number of units equivalent to the higher of—
(A) the percentage of units in the project that were occupied by such disabled families upon October 28, 1992; or
(B) the percentage of units in the project that were occupied by such families upon January 1, 1992; or
(2) 10 percent of the number of units in the project.
(Pub. L. 102–550, title VI, § 652, Oct. 28, 1992, 106 Stat. 3823.)
42 U.S.C. § 13613 (THE PUBLIC HEALTH AND WELFARE)
§ 13613. Secondary preferences
(a) Insufficient elderly families
If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of elderly families who have applied for occupancy in the housing to fill all the units in the project not reserved under section 13612 of this title, the owner may give preference for occupancy of such units to disabled families who are near-elderly families and have applied for occupancy in the housing.
(b) Insufficient non-elderly disabled families
If an owner of a covered section 8 housing project in which elderly families are given a preference for occupancy pursuant to section 13611 of this title determines (in accordance with regulations established by the Secretary) that there are insufficient numbers of disabled families who are not elderly or near-elderly families and have applied for occupancy in the housing to fill all the units in the project reserved under section 13612 of this title, the owner may give preference for occupancy of units so reserved to disabled families who are near-elderly families and have applied for occupancy in the housing.
(Pub. L. 102–550, title VI, § 653, Oct. 28, 1992, 106 Stat. 3824.)
heading: References in Text
text: Covered section 8 housing, referred to in text, is defined in section 13619 of this title.
42 U.S.C. § 13614 (THE PUBLIC HEALTH AND WELFARE)
§ 13614. General availability of units
If an owner of a covered section 8 housing project in which disabled families who are near-elderly families are given a preference for occupancy pursuant to subsection (a) or (b) of section 13613 of this title determines (in accordance with regulations established by the Secretary) that there are an insufficient number of such families to fill all the units in the project for which the preference is applicable, the owner shall make such units generally available for occupancy by families who have applied, and are eligible, for occupancy in the housing, without regard to the preferences established pursuant to this subchapter.
(Pub. L. 102–550, title VI, § 654, Oct. 28, 1992, 106 Stat. 3824.)
heading: References in Text
text: Covered section 8 housing, referred to in text, is defined in section 13619 of this title.
42 U.S.C. § 13615 (THE PUBLIC HEALTH AND WELFARE)
§ 13615. Preference within groups
Among disabled families qualifying for occupancy in units reserved under section 13612 of this title, and among elderly families and near-elderly families qualifying for preference for occupancy pursuant to section 13611 or 13613 of this title, preference for occupancy in units that are assisted under section 1437f of this title shall be given to disabled families according to any preferences established under any system established under section 1437f(d)(1)(A) of this title by the public housing agency.
(Pub. L. 102–550, title VI, § 655, Oct. 28, 1992, 106 Stat. 3824; Pub. L. 104–99, title IV, § 402(d)(6)(C), Jan. 26, 1996, 110 Stat. 43; Pub. L. 105–276, title V, § 514(b)(2)(B), Oct. 21, 1998, 112 Stat. 2548.)
heading: Amendments
text: 1998—Pub. L. 105–276 substituted “shall be given to disabled families according to any preferences established under any system established under section 1437f(d)(1)(A) of this title by the public housing agency.” for “shall be given to disabled families according to the preferences for occupancy referred to in section 1437f(d)(1)(A)(i) of this title and the first sentence of section 1437f(o)(3)(B) of this title, to elderly families according to such preferences, and to near-elderly families according to such preferences, respectively.”
1996—Pub. L. 104–99, § 402(d)(6)(C), (f), temporarily substituted “any preferences” for “the preferences for occupancy referred to in section 1437f(d)(1)(A)(i) of this title and the first sentence of section 1437f(o)(3)(B) of this title, to elderly families according to such preferences, and to near-elderly families according to such preferences, respectively”. See Effective and Termination Dates of 1996 Amendment note below.
heading: Effective and Termination Dates of 1996 Amendment
text: Amendment by Pub. L. 104–99 effective Jan. 26, 1996, only for fiscal years 1996, 1997, and 1998, and to cease to be effective Oct. 21, 1998, see section 402(f) of Pub. L. 104–99, as amended, and section 514(f) of Pub. L. 105–276, set out as notes under section 1437a of this title.
42 U.S.C. § 13616 (THE PUBLIC HEALTH AND WELFARE)
§ 13616. Prohibition of evictions
Any tenant who, except for reservation of a percentage of the units of a project pursuant to section 13612 of this title or any preference for occupancy established pursuant to this subchapter, is lawfully residing in a dwelling unit in a covered section 8 housing project, may not be evicted or otherwise required to vacate such unit because of the reservation or preferences or because of any action taken by the Secretary of Housing and Urban Development or the owner of the project pursuant to this subchapter.
(Pub. L. 102–550, title VI, § 656, Oct. 28, 1992, 106 Stat. 3824.)
heading: References in Text
text: Covered section 8 housing, referred to in text, is defined in section 13619 of this title.
42 U.S.C. § 13617 (THE PUBLIC HEALTH AND WELFARE)
§ 13617. Treatment of covered section 8 housing not subject to elderly preference
If an owner of any covered section 8 housing project designed primarily for occupancy by elderly families does not give preference in occupancy to elderly families as authorized in this subchapter, then elderly families (as such term was defined in section 1437a of this title before October 28, 1992) shall be eligible for occupancy in such housing to the same extent that such families were eligible before October 28, 1992.
(Pub. L. 102–550, title VI, § 657, Oct. 28, 1992, 106 Stat. 3825.)
heading: References in Text
text: Covered section 8 housing, referred to in text, is defined in section 13619 of this title.
42 U.S.C. § 13618 (THE PUBLIC HEALTH AND WELFARE)
§ 13618. Treatment of other federally assisted housing
(a) Restricted occupancy
An owner of any federally assisted project (or portion of a project) as described in subparagraphs (D), (E), and (F) of section 13641(2) of this title that was designed for occupancy by elderly families may continue to restrict occupancy in such project (or portion) to elderly families in accordance with the rules, standards, and agreements governing occupancy in such housing in effect at the time of the development of the housing.
(b) Prohibition of evictions
Any tenant who is lawfully residing in a dwelling unit in a housing project described in subsection (a) of this section may not be evicted or otherwise required to vacate such unit because of any reservation or preferences under this subchapter or because of any action taken by the Secretary of Housing and Urban Development or the owner of the project pursuant to this subchapter.
(Pub. L. 102–550, title VI, § 658, Oct. 28, 1992, 106 Stat. 3825.)
42 U.S.C. § 13619 (THE PUBLIC HEALTH AND WELFARE)
§ 13619. “Covered section 8 housing” defined
For purposes of this subchapter, the term “covered section 8 housing” means housing described in section 13641(2)(G) of this title that was originally designed for occupancy by elderly families.
(Pub. L. 102–550, title VI, § 659, Oct. 28, 1992, 106 Stat. 3825.)
42 U.S.C. § 13620 (THE PUBLIC HEALTH AND WELFARE)
§ 13620. Study
The Secretary of Housing and Urban Development shall conduct a study to determine the extent to which Federal housing programs serve elderly families, disabled families, and families with children, in relation to the need of such families who are eligible for assistance under such programs. The Secretary shall submit a report to the Congress describing the study and the findings of the study not later than the expiration of the 1-year period beginning on October 28, 1992.
(Pub. L. 102–550, title VI, § 661, Oct. 28, 1992, 106 Stat. 3825.)
42 U.S.C. § 13642 (THE PUBLIC HEALTH AND WELFARE)
§ 13642. Applicability
Except as otherwise provided in subtitles B through F of this title and the amendments made by such subtitles, such subtitles and the amendments made by such subtitles shall apply upon the expiration of the 6-month period beginning on October 28, 1992.
(Pub. L. 102–550, title VI, § 684, Oct. 28, 1992, 106 Stat. 3832.)
heading: References in Text
text: Subtitles B through F of this title, referred to in text, mean subtitles B to F of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3812–3830, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of this title and section 1701q of Title 12, Banks and Banking, and enacted provisions set out as notes under section 1437a of this title and section 1701q of Title 12.
42 U.S.C. § 13643 (THE PUBLIC HEALTH AND WELFARE)
§ 13643. Regulations
The Secretary shall issue regulations necessary to carry out subtitles B through F of this title and the amendments made by such subtitles not later than the expiration of the 6-month period beginning on October 28, 1992. The regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5 (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
(Pub. L. 102–550, title VI, § 685, Oct. 28, 1992, 106 Stat. 3832.)
heading: References in Text
text: Subtitles B through F of this title, referred to in text, mean subtitles B to F of title VI of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3812–3830, which enacted this chapter, amended sections 1437a, 1437c to 1437g, 1437l, 1437o, 1438, 8011, 8013, and 12705 of this title and section 1701q of Title 12, Banks and Banking, and enacted provisions set out as notes under section 1437a of this title and section 1701q of Title 12.
42 U.S.C. § 13662 (THE PUBLIC HEALTH AND WELFARE)
§ 13662. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
(a) In general
Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing (as applicable), shall establish standards or lease provisions for continued assistance or occupancy in federally assisted housing that allow the agency or owner (as applicable) to terminate the tenancy or assistance for any household with a member—
(1) who the public housing agency or owner determines is illegally using a controlled substance; or
(2) whose illegal use (or pattern of illegal use) of a controlled substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing agency or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(b) Consideration of rehabilitation
In determining whether, pursuant to subsection (a)(2) of this section, to terminate tenancy or assistance to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—
(1) has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(2) has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(3) is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
(Pub. L. 105–276, title V, § 577, Oct. 21, 1998, 112 Stat. 2640.)
heading: Codification
text: Section was enacted as part of the Quality Housing and Work Responsibility Act of 1998, and not as part of subtitles C to F of title VI of Pub. L. 102–550 which comprise this chapter.