dreamproit/uscode huggingface dataset:
42 U.S.C. § 12832 (THE PUBLIC HEALTH AND WELFARE)
§ 12832. Nondiscrimination
No person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subchapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 shall also apply to any such program or activity. The Secretary may waive this section in connection with the use of funds made available under this subchapter on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108).
(Pub. L. 101–625, title II, § 282, Nov. 28, 1990, 104 Stat. 4125; Pub. L. 104–204, title II, § 213, Sept. 26, 1996, 110 Stat. 2904.)
heading: References in Text
text: The Age Discrimination Act of 1975, referred to in text, is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, as amended, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.
The Hawaiian Homes Commission Act, 1920, referred to in text, is act July 9, 1921, ch. 42, 42 Stat. 108, as amended, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code.
heading: Amendments
text: 1996—Pub. L. 104–204 inserted at end “The Secretary may waive this section in connection with the use of funds made available under this subchapter on lands set aside under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108).”
42 U.S.C. § 12834 (THE PUBLIC HEALTH AND WELFARE)
§ 12834. Uniform recordkeeping and reports to Congress
(a) Uniform requirements
The Secretary shall develop and establish uniform recordkeeping, performance reporting, and auditing requirements for use by participating jurisdictions.
(b) Omitted
(Pub. L. 101–625, title II, § 284, Nov. 28, 1990, 104 Stat. 4126.)
heading: Codification
text: Subsec. (b) of this section, which required the Secretary to make an annual report to Congress that summarizes and assesses the results of reports provided under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 102 of House Document No. 103–7.
42 U.S.C. § 12835 (THE PUBLIC HEALTH AND WELFARE)
§ 12835. Citizen participation
The Secretary shall ensure that each participating jurisdiction, and each jurisdiction seeking to become a participating jurisdiction, complies with the requirements of section 12707 of this title.
(Pub. L. 101–625, title II, § 285, Nov. 28, 1990, 104 Stat. 4126.)
42 U.S.C. § 12836 (THE PUBLIC HEALTH AND WELFARE)
§ 12836. Labor
(a) In general
Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.
(b) Waiver
Subsection (a) of this section shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.
(Pub. L. 101–625, title II, § 286, Nov. 28, 1990, 104 Stat. 4126.)
heading: Codification
text: In subsec. (a), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a—276a–5)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
42 U.S.C. § 12837 (THE PUBLIC HEALTH AND WELFARE)
§ 12837. Interstate agreements
The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this subchapter as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective.
(Pub. L. 101–625, title II, § 287, Nov. 28, 1990, 104 Stat. 4127.)
42 U.S.C. § 12839 (THE PUBLIC HEALTH AND WELFARE)
§ 12839. Termination of existing housing programs
(a) In general
Except with respect to projects and programs for which binding commitments have been entered into prior to October 1, 1991, no new grants or loans shall be made after October 1, 1991, under—
(1) section 17 of the United States Housing Act of 1937 [42 U.S.C. 1437o];
(2) section 312 of the Housing Act of 1964 [42 U.S.C. 1452b];
(3) title VI of the Housing and Community Development Act of 1987;
(4) section 8(e)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(e)(2)], except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.]; and
(5) section 810 of the Housing and Community Development Act of 1974 [12 U.S.C. 1706e].
(b) Repeals
(1) In general
Except as provided in paragraph (2), effective on October 1, 1991, the provisions of law referred to in subsection (a) of this section are repealed.
(2) No effect on SRO program
The provision of law referred to in subsection (a)(4) of this section shall remain in effect with respect to single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.].
(c) Disposition of repayments
Any amounts received on or after October 1, 1991, as repayments or recaptures in connection with the programs referred to in subsection (a) of this section and any other amounts for such programs that remain or become unobligated on or after such date, shall be paid into the general fund of the Treasury.
(Pub. L. 101–625, title II, § 289, Nov. 28, 1990, 104 Stat. 4128; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675.)
heading: References in Text
text: Title VI of the Housing and Community Development Act of 1987 [Pub. L. 100–242], referred to in subsec. (a)(3), is set out as a note under section 1715l of Title 12, Banks and Banking.
The McKinney-Vento Homeless Assistance Act, referred to in subsecs. (a)(4) and (b)(2), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title IV of the Act is classified generally to subchapter IV (§ 11360 et seq.) of chapter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
heading: Amendments
text: 2000—Subsecs. (a)(4), (b)(2). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.
42 U.S.C. § 12840 (THE PUBLIC HEALTH AND WELFARE)
§ 12840. Suspension of requirements for disaster areas
For funds designated under this subchapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all statutory requirements for purposes of assistance under this subchapter for that area, except for those related to public notice of funding availability, nondiscrimination, fair housing, labor standards, environmental standards, and low-income housing affordability.
(Pub. L. 101–625, title II, § 290, as added Pub. L. 103–233, title II, § 208, Apr. 11, 1994, 108 Stat. 366.)
heading: References in Text
text: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended. Title IV of the Act is classified generally to subchapter IV (§ 5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
heading: Effective Date
text: Section applicable with respect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title.
42 U.S.C. § 12851 (THE PUBLIC HEALTH AND WELFARE)
§ 12851. National Homeownership Trust
(a) Establishment
There is established the National Homeownership Trust, which shall be in the Department of Housing and Urban Development and shall provide assistance to first-time homebuyers in accordance with this subchapter.
(b) Board of Directors
The Trust shall be governed by a Board of Directors, which shall be composed of—
(1) the Secretary of Housing and Urban Development, who shall be the chairperson of the Board;
(2) the Secretary of the Treasury;
(3) the chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;
(4) the chairperson of the Federal Housing Finance Board;
(5) the chairperson of the Board of Directors of the Federal National Mortgage Association;
(6) the chairperson of the Board of Directors of the Federal Home Loan Mortgage Corporation; and
(7) 1 individual representing consumer interests, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate.
(c) Powers of Trust
The Trust shall have the same powers as the powers given the Government National Mortgage Association in section 1723a(a) of title 12.
(d) Travel and per diem
Members of the Board of Directors shall receive no additional compensation by reason of service on the Board, but shall be allowed travel expenses, including per diem in lieu of subsistence, as provided for employees of the Federal Government or in the same manner as persons employed intermittently in the Government service are allowed under section 5703 of title 5, as appropriate.
(e) Director and staff
(1) Director
The Board of Directors may appoint an executive director of the Trust and fix the compensation of the executive director, which shall be paid from amounts in the National Homeownership Trust Fund.
(2) Staff
Subject to such rules as the Board of Directors may prescribe, the Trust may appoint and hire such staff and provide for offices as may be necessary to carry out its duties. The Trust may fix the compensation of the staff, which shall be paid from amounts in the National Homeownership Trust Fund.
(Pub. L. 101–625, title III, § 302, Nov. 28, 1990, 104 Stat. 4129.)
heading: Short Title
text: For short title of this subchapter as the “National Homeownership Trust Act”, see Short Title note set out under section 12701 of this title.
42 U.S.C. § 12853 (THE PUBLIC HEALTH AND WELFARE)
§ 12853. National Homeownership Trust Fund
(a) Establishment
There is established in the Treasury of the United States a revolving fund, to be known as the National Homeownership Trust Fund.
(b) Assets
The Fund shall consist of—
(1) any amount approved in appropriation Acts under section 12857 of this title for purposes of carrying out this subchapter;
(2) any amount received by the Trust as repayment for payments made under this subchapter; and
(3) any amount received by the Trust under subsection (d) of this section.
(c) Use of amounts
The Fund shall, to the extent approved in appropriations Acts, be available to the Trust for purposes of carrying out this subchapter.
(d) Investment of excess amounts
Any amounts in the Fund determined by the Trust to be in excess of the amounts currently required to carry out the provisions of this subchapter shall be invested by the Trust in obligations of, or obligations guaranteed as to both principal and interest by, the United States or any agency of the United States.
(e) Demonstration programs
Using not more than $20,000,000 of any amounts appropriated for the Fund under section 12857 of this title in fiscal year 1991, the Secretary shall carry out demonstration programs for combining housing activities and economic development activities, as follows:
(1) In Milwaukee, Wisconsin, in an amount not to exceed $4,200,000, for development, rehabilitation, and revitalization of 2 vacant structures in a blighted minority neighborhood.
(2) In Washington, District of Columbia, in an amount not to exceed $10,000,000, for nonprofit neighborhood-based groups to acquire and rehabilitate vacant public and private housing for resale or rent to low- and moderate-income families and to the extent of and subject to engage in neighborhood-based economic development activities.
(3) In Philadelphia, Pennsylvania, in an amount not to exceed $1,000,000, for technical assistance and organizational support for a community development corporation that is a city-wide public/private partnership engaged in the provision of technical assistance to neighborhood community development corporations.
(4) In other areas, as the Secretary may determine.
(Pub. L. 101–625, title III, § 304, Nov. 28, 1990, 104 Stat. 4132.)
42 U.S.C. § 12854 (THE PUBLIC HEALTH AND WELFARE)
§ 12854. Definitions
For purposes of this subchapter:
(1) Board of Directors
The term “Board of Directors” or “Board” means the Board of Directors of the National Homeownership Trust under section 12851(b) of this title.
(2) Displaced homemaker
The term “displaced homemaker” means an individual who—
(A) is an adult;
(B) has not worked full-time full-year in the labor force for a number of years, but has during such years, worked primarily without remuneration to care for the home and family; and
(C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
(3) Fund
The term “Fund” means the National Homeownership Trust Fund established in section 12853 of this title.
(4) Single parent
The term “single parent” means an individual who—
(A) is unmarried or legally separated from a spouse; and
(B)
(i) has 1 or more minor children for whom the individual has custody or joint custody; or
(ii) is pregnant.
(5) State
The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(6) Trust
The term “Trust” means the National Homeownership Trust established in section 12851 of this title.
(Pub. L. 101–625, title III, § 305, Nov. 28, 1990, 104 Stat. 4132.)
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
42 U.S.C. § 12856 (THE PUBLIC HEALTH AND WELFARE)
§ 12856. Report
The Board of Directors shall submit to the Congress, not later than the expiration of the 90-day period beginning on the date of the termination of the Trust under section 12859 of this title, a report containing a description of the activities of the Trust and an analysis of the effectiveness of the Trust in assisting first-time homebuyers.
(Pub. L. 101–625, title III, § 307, Nov. 28, 1990, 104 Stat. 4133.)
42 U.S.C. § 12857 (THE PUBLIC HEALTH AND WELFARE)
§ 12857. Authorization of appropriations
There are authorized to be appropriated for assistance payments under this subchapter $520,665,600 for fiscal year 1993 and $542,533,555 for fiscal year 1994, of which such sums as may be necessary shall be available in each such fiscal year for use under section 12852(e) of this title. Any amount appropriated under this section shall be deposited in the Fund and shall remain available until expended, subject to the provisions of section 12858 1 of this title.
(Pub. L. 101–625, title III, § 308, Nov. 28, 1990, 104 Stat. 4133; Pub. L. 102–550, title I, § 182(b), Oct. 28, 1992, 106 Stat. 3736.)
heading: References in Text
text: Section 12858 of this title, referred to in text, was in the original “section 311”, and was translated as reading “section 309”, meaning section 309 of Pub. L. 101–625, to reflect the probable intent of Congress, because Pub. L. 101–625 does not contain a section 311.
heading: Amendments
text: 1992—Pub. L. 102–550 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to carry out this subchapter $250,000,000 for fiscal year 1991 and $521,500,000 for fiscal year 1992. Any amount appropriated under this section shall be deposited in the Fund and remain available until expended, subject to the provisions of section 12858 of this title.”
42 U.S.C. § 12858 (THE PUBLIC HEALTH AND WELFARE)
§ 12858. Transition
(a) Authority of Secretary
Upon the termination of the Trust as provided in section 12859 of this title, the Secretary of Housing and Urban Development shall exercise any authority of the Board of Directors and the Trust in accordance with the provisions of this subchapter as may be necessary to provide for the conclusion of the outstanding affairs of the Trust.
(b) Applicability of Trust provisions
Any assistance under this subchapter shall, after termination of the Trust, be subject to the provisions of this subchapter that would have applied to such assistance if the termination had not occurred.
(c) Certification of Fund to Treasury
Upon a determination by the Secretary of Housing and Urban Development that the National Homeownership Trust Fund is no longer necessary, the Secretary shall certify any amounts remaining in the Fund to the Secretary of the Treasury and the Secretary of the Treasury shall deposit into the general fund of the Treasury as miscellaneous receipts any amounts remaining in the Fund.
(Pub. L. 101–625, title III, § 309, Nov. 28, 1990, 104 Stat. 4133.)
42 U.S.C. § 12859 (THE PUBLIC HEALTH AND WELFARE)
§ 12859. Termination
The Trust shall terminate September 30, 1994.
(Pub. L. 101–625, title III, § 310, Nov. 28, 1990, 104 Stat. 4133; Pub. L. 102–550, title I, § 182(a), Oct. 28, 1992, 106 Stat. 3736.)
heading: Amendments
text: 1992—Pub. L. 102–550 substituted “September 30, 1994” for “on September 30, 1993”.
42 U.S.C. § 12871 (THE PUBLIC HEALTH AND WELFARE)
§ 12871. Program authority
(a) In general
The Secretary is authorized to make—
(1) planning grants to enable applicants to develop homeownership programs; and
(2) implementation grants to enable applicants to carry out homeownership programs.
(b) Authority to reserve housing assistance
In connection with a grant under this part, the Secretary may reserve authority to provide assistance under section 1437f of this title to the extent necessary to provide rental assistance for a nonpurchasing tenant who resides in the project on the date the Secretary approves the application for an implementation grant, for use by the tenant in another project.
(Pub. L. 101–625, title IV, § 421, Nov. 28, 1990, 104 Stat. 4162; Pub. L. 102–550, title I, § 181(a)(2)(B)(i), Oct. 28, 1992, 106 Stat. 3735.)
heading: References in Text
text: This part, referred to in subsec. (b), was in the original “this subtitle”, meaning subtitle B (§§ 421–431) of title IV of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4162, which enacted this part and amended section 1709 of Title 12, Banks and Banking.
heading: Amendments
text: 1992—Subsec. (c). Pub. L. 102–550 struck out subsec. (c) which read as follows: “Authorization of Appropriations.—There is authorized to be appropriated for grants under this part $51,000,000 for fiscal year 1991 and $280,000,000 for fiscal year 1992. Any amounts appropriated pursuant to this subsection shall remain available until expended.”
42 U.S.C. § 12877 (THE PUBLIC HEALTH AND WELFARE)
§ 12877. Exemption
Eligible property covered by a homeownership program approved under this part shall not be subject to—
(1) the Low-Income Housing Preservation and Resident Homeownership Act of 1990 [12 U.S.C. 4101 et seq.], or
(2) the requirements of section 1701z–11 of title 12 applicable to the sale of projects either at foreclosure or after acquisition by the Secretary.
(Pub. L. 101–625, title IV, § 427, Nov. 28, 1990, 104 Stat. 4171.)
heading: References in Text
text: The Low-Income Housing Preservation and Resident Homeownership Act of 1990, referred to in par. (1), is title II of Pub. L. 100–242, as amended by Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4249, which is classified principally to chapter 42 (§ 4101 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 12 and Tables.
42 U.S.C. § 12878 (THE PUBLIC HEALTH AND WELFARE)
§ 12878. Limitation on selection criteria
In establishing criteria for selecting applicants to receive assistance under this part, the Secretary may not establish any selection criterion or criteria that grant or deny such assistance to an applicant (or have the effect of granting or denying assistance) based on the implementation, continuation, or discontinuation of any public policy, regulation, or law of any jurisdiction in which the applicant or project is located.
(Pub. L. 101–625, title IV, § 428, Nov. 28, 1990, 104 Stat. 4171.)
42 U.S.C. § 12879 (THE PUBLIC HEALTH AND WELFARE)
§ 12879. Implementation
Not later than the expiration of the 180-day period beginning on the date that funds authorized under this part first become available for obligation, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this part. Such requirements shall be subject to section 553 of title 5. The Secretary shall issue regulations based on the initial notice before the expiration of the 8-month period beginning on the date of the notice.
(Pub. L. 101–625, title IV, § 430, Nov. 28, 1990, 104 Stat. 4172.)
42 U.S.C. § 12880 (THE PUBLIC HEALTH AND WELFARE)
§ 12880. Report
The Secretary shall no later than December 31, 1995, submit to the Congress a report setting forth—
(1) the number, type and cost of eligible properties transferred pursuant to this part;
(2) the income, race, gender, children and other characteristics of families participating (or not participating) in homeownership programs funded under this part;
(3) the amount and type of financial assistance provided under and in conjunction with this part;
(4) the amount of financial assistance provided under this part that was needed to ensure continued affordability and meet future maintenance and repair costs; and
(5) the recommendations of the Secretary for statutory and regulatory improvements to the program.
(Pub. L. 101–625, title IV, § 431, Nov. 28, 1990, 104 Stat. 4172; Pub. L. 104–66, title I, § 1072(a), Dec. 21, 1995, 109 Stat. 721.)
heading: Amendments
text: 1995—Pub. L. 104–66 in section catchline substituted “Report” for “Annual report”, and in introductory provisions substituted “The Secretary shall no later than December 31, 1995,” for “The Secretary shall annually”.