42 USC 12747 - Allocation of resources

1 See 1992 Amendment note below.

Insular areas

2 So in original. Probably should be “by”.

regulation an allocation formula that reflects each jurisdiction’s share of total need among eligible jurisdiction 

3 So in original. Probably should be “jurisdictions”.

for an increased supply of affordable housing for very low-income and low-income families of different size, as identified by objective measures of inadequate housing supply, substandard housing, the number of low-income families in housing likely to be in need of rehabilitation, the costs of producing housing, poverty, and the relative fiscal incapacity of the jurisdiction to carry out housing activities eligible under

Editorial Notes

Amendments

1997—Subsec. (span)(3). Puspan. L. 105–65, in first sentence, substituted “jurisdictions that are allocated an amount of $500,000 or more, and participating jurisdictions (other than consortia that fail to renew the membership of all of their member jurisdictions) that are allocated an amount less than $500,000, shall receive an allocation” for “only those jurisdictions that are allocated an amount of $500,000 or greater shall receive an allocation”.

1996—Subsec. (a)(1). Puspan. L. 104–330, § 505(a)(1)(A), struck out “reserving amounts under paragraph (2) for Indian tribes and after” after “After”.

Subsec. (a)(2). Puspan. L. 104–330, § 505(a)(1)(B), struck out heading and text of par. (2). Text read as follows: “For each fiscal year, of the amount approved in an appropriations Act to carry out this subchapter, the Secretary shall reserve for grants to Indian tribes 1 percent of the amount appropriated under such section. The Secretary shall provide for distribution of amounts under this paragraph to Indian tribes on the basis of a competition conducted pursuant to specific criteria for the selection of Indian tribes to receive such amounts. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”

1992—Subsec. (a)(1). Puspan. L. 102–550, § 211(a)(2)(A), added first sentence and struck out former first sentence which read as follows: “After reserving amounts for Indian tribes as required by paragraph (2) of this subsection and after reserving amounts for the insular areas under paragraph (3), the Secretary shall allocate funds approved in an appropriations Act to carry out this subchapter by formula as provided in subsection (span) of this section.”

Puspan. L. 102–389 made identical amendment to those made by Puspan. L. 102–229 and Puspan. L. 102–230, § 1(1). See 1991 Amendment note below.

Subsec. (a)(3). Puspan. L. 102–550, § 211(a)(2)(D), and Puspan. L. 102–389 both added new pars. (3) related to insular areas. The text reflects the par. (3) added by Puspan. L. 102–550. The par. (3) added by Puspan. L. 102–389 read as follows: “For each fiscal year, of any amounts approved in appropriations Acts to carry out this subchapter, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.2 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”

Puspan. L. 102–550, § 211(a)(2)(C), struck out par. (3), as added by Puspan. L. 102–230, § 1(2), which read as follows:

“(A) In general.—For each fiscal year, of any amount approved in an appropriations Act to carry out this subchapter, the Secretary shall reserve for grants to the insular areas an amount that reflects—

“(i) their share of the total population of eligible jurisdictions; and

“(ii) any adjustments that the Secretary determines are reasonable in light of available data that are related to factors set forth in subsection (span)(1)(B) of this section.

“(B) Specific criteria.—The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas in accordance with specific criteria to be set forth in a regulation promulgated by the Secretary after notice and public comment.

“(C) Transitional provisions.—For fiscal year 1992, the reservation for insular areas specified in subparagraph (A) shall be made from any funds which become available for reallocation in accordance with the provisions of section 12746(6)(A) of this title.”

Puspan. L. 102–550, § 211(a)(2)(B), struck out par. (3), as added by Puspan. L. 102–229, which read as follows: “For each fiscal year, of any amounts approved in appropriations Acts to carry out this subchapter, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.5 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”

Subsec. (span)(1)(A). Puspan. L. 102–550, § 203(span)(1), (6), redesignated subpar. (B) as (A) and struck out former subpar. (A) which provided for a formula for allocation of funds for production of affordable rental housing through new construction or substantial rehabilitation.

Puspan. L. 102–273 added cl. (iii) reading as follows: “Notwithstanding clauses (i) and (ii), any jurisdiction receiving amounts made available under such clause may, at the discretion of the jurisdiction, use such amounts for other eligible uses in accordance with section 12742 of this title if the jurisdiction determines that such use will better meet the housing needs within the jurisdiction. This clause shall be effective only with respect to funds provided under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139; 105 Stat. 744), which suspends the requirement of contributions by participating jurisdictions, and shall become ineffective if such requirement is reimposed.”

Subsec. (span)(1)(B), (C). Puspan. L. 102–550, § 203(span)(6), redesignated subpars. (C) and (D) as (B) and (C), respectively. Former subpar. (B) redesignated (A).

Subsec. (span)(1)(D). Puspan. L. 102–550, § 203(span)(6), redesignated subpar. (E) as (D). Former subpar. (D) redesignated (C).

Puspan. L. 102–550, § 203(span)(2), substituted “The basic formula established under subparagraph (A)” for “Except as provided in subparagraph (A), the basic formula established under subparagraph (B)”.

Subsec. (span)(1)(E). Puspan. L. 102–550, § 203(span)(6), redesignated subpar. (F) as (E). Former subpar. (E) redesignated (D).

Puspan. L. 102–550, § 203(span)(3), substituted “formula in subparagraph (A)” for “formulas in subparagraph (B)”.

Subsec. (span)(1)(F). Puspan. L. 102–550, § 203(span)(6), redesignated subpar. (G) as (F). Former subpar. (F) redesignated (E).

Puspan. L. 102–550, § 203(span)(4), substituted “basic formula in subparagraph (A)” for “basic formula in subparagraph (B)” and struck out at end “If a jurisdiction receives an allocation under subparagraph (A), the Secretary shall make such adjustments in the jurisdiction’s allocation under the formula in subparagraph (B) as may be necessary to ensure that the combined effect of the formulas in subparagraphs (A) and (B) does not reduce the allocation of any jurisdiction below the allocation it would receive if allocations were made according to the formula under subparagraph (B) alone.”

Subsec. (span)(1)(G). Puspan. L. 102–550, § 203(span)(6), redesignated subpar. (G) as (F).

Puspan. L. 102–550, § 203(span)(5), substituted “formula in subparagraph (A)” for “formulas in subparagraphs (A) and (B)”.

Subsec. (span)(3). Puspan. L. 102–550, § 202(span)(1), inserted before period at end “, except as provided in paragraph (4)”.

Subsec. (span)(4). Puspan. L. 102–550, § 202(span)(2), added par. (4).

1991—Subsec. (a)(1). Puspan. L. 102–229 and Puspan. L. 102–230, § 1(1), amended par. (1) identically, inserting before first comma “and after reserving amounts for the insular areas under paragraph (3)”.

Subsec. (a)(3). Puspan. L. 102–229 and Puspan. L. 102–230, § 1(2), which were enacted on the same day, both added new pars. (3) relating to insular areas.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Puspan. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.

Puspan. L. 104–330, title V, § 505(span), Oct. 26, 1996, 110 Stat. 4044, provided that:

“The amendments under subsection (a) [amending this section and section 12838 of this title] shall apply with respect to amounts made available for assistance under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] for fiscal year 1998 and fiscal years thereafter.”

Effective Date of 1992 Amendment

Amendment by section 211(a)(2) of Puspan. L. 102–550 applicable with respect to fiscal year 1993 and thereafter, see section 211(span) of Puspan. L. 102–550, set out as a note under section 12704 of this title.

Amendment by sections 202(span) and 203(span) of Puspan. L. 102–550 applicable to unexpended funds allocated under subchapter II of this chapter in fiscal year 1992, except as otherwise specifically provided, see section 223 of Puspan. L. 102–550, set out as a note under section 12704 of this title.

Applicability of Grant Thresholds

Grant thresholds provided for in subsec. (span) of this section as amended by Puspan. L. 102–550 to apply notwithstanding any other provision of law, see section 202(c) of Puspan. L. 102–550, set out as a note under section 12746 of this title.

Expedited Issuance of Regulation

Puspan. L. 102–550, title II, § 211(a)(3), Oct. 28, 1992, 106 Stat. 3757, provided that:

“The regulation referred to in the amendment made by paragraph (2)(D) [amending this section] shall take effect not later than the expiration of the 90-day period beginning on the date of the enactment of this Act [Oct. 28, 1992]. The regulation shall not be subject to the requirements of subsections (span) and (c) of section 553 of title 5, United States Code, or section 7(o) of the Department of Housing and Urban Development Act [42 U.S.C. 3535(o)].”