US (United States) Code. Title 42. Chapter 90: Neighborhood and city Reinvestement, self-Help and revitalization

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT,

SELF-HELP AND REVITALIZATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

-HEAD-

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

-MISC1-

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

Sec.

8101. Congressional findings and declaration of purpose.

8102. Neighborhood Reinvestment Corporation.

(a) Establishment.

(b) Implementation and expansion of demonstration

activities.

(c) Principal office.

(d) Exemption from taxation.

8103. Board of Directors.

(a) Membership.

(b) Election of chairman.

(c) Terms of office.

(d) Compensation and expenses.

(e) Bylaws, policies and administrative provisions.

(f) Director absences; designated representatives.

(g) Quorum.

(h) Application of other laws.

(i) Meetings of board.

8104. Officers and employees.

(a) Employment, compensation and benefits.

(b) Appointment of executive director.

(c) Appointment and removal of employees by

executive director.

(d) Prohibition of political tests and

qualifications in selection, etc., of

personnel.

(e) Employee status; applicability of

administrative and cost standards of Office of

Management and Budget.

8105. Powers and duties of corporation.

(a) Continuance of work of Urban Reinvestment Task

Force regarding neighborhood housing services

programs and preservation projects.

(b) General administrative powers.

(c) Contracting powers.

(d) Non-profit nature of corporation.

8106. Reports and audits.

(a) Annual report to President and Congress.

(b) Annual audit of accounts.

(c) Additional audits by General Accounting Office.

(d) Audit of grantees and contractors of

corporation.

(e) Annual financial audit.

8107. Appropriations.

(a) Authorization.

(b) Availability of funds until expended.

(c) Accounting and reporting of non-Federal funds.

(d) Preparation of business-type budget.

SUBCHAPTER II - NEIGHBORHOOD SELF-HELP DEVELOPMENT

8121 to 8124. Repealed.

SUBCHAPTER III - LIVABLE CITIES

8141. Congressional findings.

8142. Statement of purpose.

8143. Definitions.

8144. Grants to or contracts with organizations.

(a) Authorization; purposes.

(b) Establishment of criteria and procedures for

evaluation and selection of projects; scope of

criteria.

(c) Application requirements.

(d) Consultation requirements.

(e) Regulations respecting matching requirements;

waiver, etc.

(f) Certification of application.

(g) Available funds not to supplant other public or

private funds.

(h) Availability of funds for administrative

expenses.

8145. Coordination and development of program with other

Federal and non-Federal programs.

8146. Authorization of appropriations.

-End-

-CITE-

42 USC SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT

CORPORATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 12 section 1834a.

-End-

-CITE-

42 USC Sec. 8101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8101. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that -

(1) the neighborhood housing services demonstration of the

Urban Reinvestment Task Force has proven its worth as a

successful program to revitalize older urban neighborhoods by

mobilizing public, private, and community resources at the

neighborhood level; and

(2) the demand for neighborhood housing services programs in

cities throughout the United States warrants the creation of a

public corporation to institutionalize and expand the

neighborhood housing services program and other programs of the

present Urban Reinvestment Task Force.

(b) The purpose of this subchapter is to establish a public

corporation which will continue the joint efforts of the Federal

financial supervisory agencies and the Department of Housing and

Urban Development to promote reinvestment in older neighborhoods by

local financial institutions working cooperatively with community

people and local government, and which will continue the

nonbureaucratic approach of the Urban Reinvestment Task Force,

relying largely on local initiative for the specific design of

local programs.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 602, Oct. 31, 1978, 92 Stat. 2115.)

-MISC1-

SHORT TITLE

Section 601 of title VI of Pub. L. 95-557 provided that: "This

title [enacting this subchapter] may be cited as the 'Neighborhood

Reinvestment Corporation Act'."

Section 701 of title VII of Pub. L. 95-557, which provided that

such title, which was classified to subchapter II of this chapter,

was to be cited as the "Neighborhood Self-Help Development Act of

1978", was repealed by Pub. L. 97-35, title III, Sec. 313(a), Aug.

13, 1981, 95 Stat. 398.

Section 801 of title VIII of Pub. L. 95-557 provided that: "This

title [enacting subchapter III of this chapter] may be cited as the

'Livable Cities Act of 1978'."

-End-

-CITE-

42 USC Sec. 8102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8102. Neighborhood Reinvestment Corporation

-STATUTE-

(a) Establishment

There is established a Neighborhood Reinvestment Corporation

(hereinafter referred to as the "corporation") which shall be a

body corporate and shall possess the powers, and shall be subject

to the direction and limitations specified herein.

(b) Implementation and expansion of demonstration activities

The corporation shall implement and expand the demonstration

activities carried out by the Urban Reinvestment Task Force.

(c) Principal office

The corporation shall maintain its principal office in the

District of Columbia or at such other place the corporation may

from time to time prescribe.

(d) Exemption from taxation

The corporation, including its franchise, activities, assets, and

income, shall be exempt from all taxation now or hereafter imposed

by the United States, by any territory, dependency, or possession

thereof, or by any State, county, municipality, or local taxing

authority, except that any real property of the corporation shall

be subject to State, territorial, county, municipal, or local

taxation to the same extent according to its value as other real

property is taxed.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 603, Oct. 31, 1978, 92 Stat. 2115;

Pub. L. 96-399, title III, Sec. 315(1), Oct. 8, 1980, 94 Stat.

1645.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-399 struck out "National" before

"Neighborhood".

-End-

-CITE-

42 USC Sec. 8103 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8103. Board of Directors

-STATUTE-

(a) Membership

The corporation shall be under the direction of a board of

directors made up of the following members:

(1) the Chairman of the Federal Home Loan Bank Board or a

member of the Federal Home Loan Bank Board to be designated by

the Chairman;

(2) the Secretary of Housing and Urban Development;

(3) the Chairman of the Board of Governors of the Federal

Reserve System, or a member of the Board of Governors of the

Federal Reserve System to be designated by the Chairman;

(4) the Chairman of the Federal Deposit Insurance Corporation

or the appointive member of the Board of Directors of the Federal

Deposit Insurance Corporation if so designated by the Chairman;

(5) the Comptroller of the Currency; and

(6) the Chairman of the National Credit Union Administration or

a member of the Board of the National Credit Union Administration

to be designated by the Chairman.

(b) Election of chairman

The Board shall elect from among its members a chairman who shall

serve for a term of two years, except that the Chairman of the

Federal Home Loan Bank Board shall serve as Chairman of the Board

of Directors for the first such two-year term.

(c) Terms of office

Each director of the corporation shall serve ex officio during

the period he holds the office to which he is appointed by the

President.

(d) Compensation and expenses

The directors of the corporation, as full-time officers of the

United States, shall serve without additional compensation but

shall be reimbursed for travel, subsistence, and other necessary

expenses incurred in the performance of their duties as directors

of the corporation.

(e) Bylaws, policies and administrative provisions

The directors of the corporation shall adopt such bylaws,

policies, and administrative provisions as are necessary to the

functioning of the corporation and consistent with the provisions

of this subchapter.

(f) Director absences; designated representatives

A director who is necessarily absent from a meeting of the board,

or of a committee of the board, may participate in such meeting

through a duly designated representative who is serving, pursuant

to appointment by the President of the United States, by and with

the advice and consent of the Senate, in the same department,

agency, corporation, or instrumentality as the absent director, or

in the case of the Comptroller of the Currency, through a duly

designated Deputy Comptroller.

(g) Quorum

The presence of a majority of the board members, or their

representatives as provided in subsection (f) of this section,

shall constitute a quorum.

(h) Application of other laws

The corporation shall be subject to the provisions of section 552

of title 5.

(i) Meetings of board

All meetings of the board of directors will be conducted in

accordance with the provisions of section 552b of title 5.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 604, Oct. 31, 1978, 92 Stat. 2115;

Pub. L. 97-320, title VII, Sec. 710(a), Oct. 15, 1982, 96 Stat.

1544; Pub. L. 100-242, title V, Sec. 520(a), Feb. 5, 1988, 101

Stat. 1938; Pub. L. 100-628, title X, Sec. 1085, Nov. 7, 1988, 102

Stat. 3278.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-242, Sec. 520(a)(1), inserted

"or a member of the Federal Home Loan Bank Board to be designated

by the Chairman" before semicolon.

Subsec. (a)(3). Pub. L. 100-242, Sec. 520(a)(2), added par. (3)

and struck out former par. (3) which read as follows: "a member of

the Board of Governors of the Federal Reserve System, to be

designated by the Chairman of the Board of Governors of the Federal

Reserve System;".

Subsec. (a)(4). Pub. L. 100-242, Sec. 520(a)(3), inserted "or the

appointive member of the Board of Directors of the Federal Deposit

Insurance Corporation if so designated by the Chairman" before

semicolon.

Subsec. (a)(6). Pub. L. 100-628 struck out second of the two

periods at end.

Pub. L. 100-242, Sec. 520(a)(4), substituted "Chairman" for

"Administrator" and inserted "or a member of the Board of the

National Credit Union Administration to be designated by the

Chairman." before period.

1982 - Subsecs. (f) to (i). Pub. L. 97-320 added subsec. (f),

redesignated former subsecs. (f) to (h) as (g) to (i),

respectively, and in subsec. (g) inserted ", or their

representatives as provided in subsection (f) of this section,".

-TRANS-

TRANSFER OF FUNCTIONS

Federal Home Loan Bank Board abolished and functions transferred,

see sections 401 to 406 of Pub. L. 101-73, set out as a note under

section 1437 of Title 12, Banks and Banking.

-End-

-CITE-

42 USC Sec. 8104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8104. Officers and employees

-STATUTE-

(a) Employment, compensation and benefits

The board shall have power to select, employ, and fix the

compensation and benefits of such officers, employees, attorneys,

and agents as shall be necessary for the performance of its duties

under this subchapter, without regard to the provisions of title 5

governing appointments in the competitive service, classification,

and General Schedule pay rates, except that no officer, employee,

attorney, or agent of the corporation may be paid compensation at a

rate in excess of the highest rate provided for GS-18 of the

General Schedule under section 5332 of title 5.

(b) Appointment of executive director

The directors of the corporation shall appoint an executive

director who shall serve as chief executive officer of the

corporation.

(c) Appointment and removal of employees by executive director

The executive director of the corporation, subject to approval by

the board, may appoint and remove such employees of the corporation

as he determines necessary to carry out the purposes of the

corporation.

(d) Prohibition of political tests and qualifications in selection,

etc., of personnel

No political test or political qualification shall be used in

selecting, appointing, promoting, or taking any other personnel

action with respect to any officer, agent, or employee of the

corporation or of any recipient, or in selecting or monitoring any

grantee, contractor, or person or entity receiving financial

assistance under this subchapter.

(e) Employee status; applicability of administrative and cost

standards of Office of Management and Budget

Officers and employees of the corporation shall not be considered

officers or employees of the United States, and the corporation

shall not be considered a department, agency, or instrumentality of

the Federal Government. The corporation shall be subject to

administrative and cost standards issued by the Office of

Management and Budget similar to standards applicable to non-profit

grantees and educational institutions.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 605, Oct. 31, 1978, 92 Stat. 2116.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 8105 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8105. Powers and duties of corporation

-STATUTE-

(a) Continuance of work of Urban Reinvestment Task Force regarding

neighborhood housing services programs and preservation projects

(1) The corporation shall continue the work of the Urban

Reinvestment Task Force in establishing neighborhood housing

services programs in neighborhoods throughout the United States,

monitoring their progress, and providing them with grants and

technical assistance. For the purpose of this paragraph, a

neighborhood housing services program may involve a partnership of

neighborhood residents and representatives of local governmental

and financial institutions, organized as a State-chartered

non-profit corporation, working to bring about reinvestment in one

or more neighborhoods through a program of systematic housing

inspections, increased public investment, increased private

lending, increased resident investment, and a revolving loan fund

to make loans available at flexible rates and terms to homeowners

not meeting private lending criteria.

(2) The corporation shall continue the work of the Urban

Reinvestment Task Force in identifying, monitoring, evaluating, and

providing grants and technical assistance to selected neighborhood

preservation projects which show promise as mechanisms for

reversing neighborhood decline and improving the quality of

neighborhood life.

(3) The corporation shall experimentally replicate neighborhood

preservation projects which have demonstrated success, and after

creating reliable developmental processes, bring the new programs

to neighborhoods throughout the United States which in the judgment

of the corporation can benefit therefrom, by providing assistance

in organizing programs, providing grants in partial support of

program costs, and providing technical assistance to ongoing

programs.

(4) The corporation shall continue the work of the Urban

Reinvestment Task Force in supporting Neighborhood Housing Services

of America, a nonprofit corporation established to provide services

to local neighborhood housing services programs, with support which

may include technical assistance and grants to expand its national

loan purchase pool and may contract with it for services which it

can perform more efficiently or effectively than the corporation.

(5) The corporation shall, in making and providing the foregoing

grants and technical and other assistance, determine the reporting

and management restrictions or requirements with which the

recipients of such grants or other assistance must comply. In

making such determinations, the corporation shall assure that

recipients of grants and other assistance make available to the

corporation such information as may be necessary to determine

compliance with applicable Federal laws.

(b) General administrative powers

To carry out the foregoing purposes and engage in the foregoing

activities, the corporation is authorized -

(1) to adopt, alter, and use a corporate seal;

(2) to have succession until dissolved by Act of Congress;

(3) to make and perform contracts, agreements, and commitments;

(4) to sue and be sued, complain and defend, in any State,

Federal, or other court;

(5) to determine its necessary expenditures and the manner in

which the same shall be incurred, allowed, and paid, and appoint,

employ, and fix and provide for the compensation of consultants,

without regard to any other law, except as provided in section

8107(d) of this title;

(6) to settle, adjust, and compromise, and with or without

compensation or benefit to the corporation to release or waive in

whole or in part, in advance or otherwise, any claim, demand, or

right of, by, or against the corporation;

(7) to invest such funds of the corporation in such investments

as the board of directors may prescribe;

(8) to acquire, take, hold, and own, and to deal with and

dispose of any property; and

(9) to exercise all other powers that are necessary and proper

to carry out the purposes of this subchapter.

(c) Contracting powers

(1) The corporation may contract with the Office of Neighborhood

Reinvestment of the Federal home loan banks for all staff,

services, facilities, and equipment now or in the future furnished

by the Office of Neighborhood Reinvestment to the Urban

Reinvestment Task Force, including receiving the services of the

Director of the Office of Neighborhood Reinvestment as the

corporation's executive director.

(2) The corporation shall have the power to award contracts and

grants to -

(A) neighborhood housing services corporations and other

nonprofit corporations engaged in neighborhood preservation

activities; and

(B) local governmental bodies.

(3) The Secretary of Housing and Urban Development, the Federal

Home Loan Bank Board and the Federal home loan banks, the Board of

Governors of the Federal Reserve System and the Federal Reserve

banks, the Federal Deposit Insurance Corporation, and the

Comptroller of the Currency, the National Credit Union

Administration or any other department, agency, or other

instrumentality of the Federal Government are authorized to provide

funds, services and facilities, with or without reimbursement,

necessary to achieve the objectives and to carry out the purposes

of this subchapter.

(d) Non-profit nature of corporation

(1) The corporation shall have no power to issue any shares of

stocks, or to declare or pay any dividends.

(2) No part of the income or assets of the corporation shall

inure to the benefit of any director, officer, or employee, except

as reasonable compensation for services or reimbursement for

expenses.

(3) The corporation may not contribute to or otherwise support

any political party or candidate for elective public office.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 606, Oct. 31, 1978, 92 Stat. 2117;

Pub. L. 96-399, title III, Sec. 315(2), Oct. 8, 1980, 94 Stat.

1645; Pub. L. 97-320, title VII, Sec. 710(b), Oct. 15, 1982, 96

Stat. 1544.)

-MISC1-

AMENDMENTS

1982 - Subsec. (c)(3). Pub. L. 97-320 inserted "funds," after

"provide".

1980 - Subsec. (a)(1). Pub. L. 96-399 substituted "monitoring"

for "supervising".

-TRANS-

TRANSFER OF FUNCTIONS

Federal Home Loan Bank Board abolished and functions transferred,

see sections 401 to 406 of Pub. L. 101-73, set out as a note under

section 1437 of Title 12, Banks and Banking.

-End-

-CITE-

42 USC Sec. 8106 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8106. Reports and audits

-STATUTE-

(a) Annual report to President and Congress

The corporation shall publish an annual report which shall be

transmitted by the corporation to the President and the Congress.

(b) Annual audit of accounts

The accounts of the corporation shall be audited annually. Such

audits shall be conducted in accordance with generally accepted

auditing standards by independent certified public accountants who

are certified by a regulatory authority of the jurisdiction in

which the audit is undertaken.

(c) Additional audits by General Accounting Office

In addition to the annual audit, the financial transactions of

the corporation for any fiscal year during which Federal funds are

available to finance any portion of its operations may be audited

by the General Accounting Office in accordance with such rules and

regulations as may be prescribed by the Comptroller General of the

United States.

(d) Audit of grantees and contractors of corporation

For any fiscal year during which Federal funds are available to

finance any portion of the corporation's grants or contracts, the

General Accounting Office, in accordance with such rules and

regulations as may be prescribed by the Comptroller General of the

United States, may audit the grantees or contractors of the

corporation.

(e) Annual financial audit

The corporation shall conduct or require each grantee or

contractor to provide for an annual financial audit. The report of

each such audit shall be maintained for a period of at least five

years at the principal office of the corporation.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 607, Oct. 31, 1978, 92 Stat. 2118;

Pub. L. 104-66, title II, Sec. 2161, Dec. 21, 1995, 109 Stat. 731.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-66 struck out at end "The

financial transactions of the corporation shall be audited by the

General Accounting Office at least once during each three years."

NATIONAL DEMONSTRATION PROGRAM OF MUTUAL HOUSING ASSOCIATIONS;

REPORT TO CONGRESS

Pub. L. 96-399, title III, Sec. 316, Oct. 8, 1980, 94 Stat. 1645,

directed submission to Congress, not later than Sept. 30, 1981, of

report by Neighborhood Reinvestment Corporation, in conjunction

with the National Consumer Cooperative Bank and the Secretary of

Housing and Urban Development, on the findings, conclusions, and

legislative recommendations reached as a result of the national

demonstration program of mutual housing associations.

-End-

-CITE-

42 USC Sec. 8107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER I - NEIGHBORHOOD REINVESTMENT CORPORATION

-HEAD-

Sec. 8107. Appropriations

-STATUTE-

(a) Authorization

(1) There are authorized to be appropriated to the corporation to

carry out this subchapter $29,476,000 for fiscal year 1993 and

$30,713,992 for fiscal year 1994. Not more than 15 percent of any

amount appropriated under this paragraph for any fiscal year may be

used for administrative expenses.

(2) Of the amount appropriated pursuant to this subsection for

any fiscal year, amounts appropriated in excess of the amount

necessary to continue existing services of the Neighborhood

Reinvestment Corporation in revitalizing declining neighborhoods

shall be available -

(A) to expand the national neighborhood housing services

network and to assist network capacity development, including

expansion of rental housing resources;

(B) to expand the loan purchase capacity of the national

neighborhood housing services secondary market operated by

Neighborhood Housing Services of America;

(C) to make grants to provide incentives to extend low-income

housing use in connection with properties subject to prepayment

pursuant to the Low-Income Housing Preservation and Resident

Ownership Act of 1990 [12 U.S.C. 4101 et seq.];

(D) to increase the resources available to the national

neighborhood housing services network programs for the purchase

of multifamily and single-family properties owned by the

Secretary of Housing and Urban Development for rehabilitation (if

necessary) and sale to low- and moderate-income families; and

(E) to provide matching capital grants, operating subsidies,

and technical services to mutual housing associations for the

development, acquisition, and rehabilitation of multifamily and

single-family properties (including properties owned by the

Secretary of Housing and Urban Development) to ensure

affordability by low- and moderate-income families.

(b) Availability of funds until expended

Funds appropriated pursuant to this section shall remain

available until expended.

(c) Accounting and reporting of non-Federal funds

Non-Federal funds received by the corporation, and funds received

by any recipient from a source other than the corporation, shall be

accounted for and reported as receipts and disbursements separate

and distinct from Federal funds.

(d) Preparation of business-type budget

The corporation shall prepare annually a business-type budget

which shall be submitted to the Office of Management and Budget,

under such rules and regulations as the President may establish as

to the date of submission, the form and content, the

classifications of data, and the manner in which such budget

program shall be prepared and presented. The budget of the

corporation as modified, amended, or revised by the President shall

be transmitted to the Congress as a part of the annual budget

required by chapter 11 of title 31. Amendments to the annual budget

program may be submitted from time to time.

-SOURCE-

(Pub. L. 95-557, title VI, Sec. 608, Oct. 31, 1978, 92 Stat. 2119;

Pub. L. 96-153, title III, Sec. 307, Dec. 21, 1979, 93 Stat. 1113;

Pub. L. 96-399, title III, Sec. 315(3), Oct. 8, 1980, 94 Stat.

1645; Pub. L. 97-35, title III, Sec. 314, Aug. 13, 1981, 95 Stat.

398; Pub. L. 98-181, title I, Sec. 125, Nov. 30, 1983, 97 Stat.

1175; Pub. L. 98-479, title II, Sec. 203(m), Oct. 17, 1984, 98

Stat. 2231; Pub. L. 100-242, title V, Sec. 520(b), Feb. 5, 1988,

101 Stat. 1938; Pub. L. 101-625, title IX, Sec. 917(c), Nov. 28,

1990, 104 Stat. 4398; Pub. L. 102-550, title VIII, Sec. 831, Oct.

28, 1992, 106 Stat. 3851.)

-REFTEXT-

REFERENCES IN TEXT

The Low-Income Housing Preservation and Resident Ownership Act of

1990, referred to in subsec. (a)(2)(C), probably means the

Low-Income Housing Preservation and Resident Homeownership Act of

1990, title II of Pub. L. 100-242, as amended by Pub. L. 101-625,

title VI, Sec. 601(a), Nov. 28, 1990, 104 Stat. 4249, which is

classified principally to chapter 42 (Sec. 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.

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-550, Sec. 831(a), amended

first sentence generally, substituting present provisions for

provisions authorizing appropriations of $35,000,000 for fiscal

year 1991 and $36,500,000 for fiscal year 1992.

Subsec. (a)(2). Pub. L. 102-550, Sec. 831(b), substituted "any

fiscal year" for "each of the fiscal years 1991 and 1992" in

introductory provisions.

1990 - Subsec. (a). Pub. L. 101-625 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "There

are authorized to be appropriated to the corporation to carry out

this subchapter $19,000,000 for fiscal year 1988, and $19,000,000

for fiscal year 1989."

1988 - Subsec. (a). Pub. L. 100-242 amended subsec. (a)

generally, substituting appropriations authorization of $19,000,000

for fiscal years 1988 and 1989 for prior authorizations not to

exceed $16,512,000 for fiscal year 1984, and such sums as may be

necessary for fiscal year 1985.

1984 - Subsec. (d). Pub. L. 98-479 substituted "chapter 11 of

title 31" for "the Budget and Accounting Act, 1921".

1983 - Subsec. (a). Pub. L. 98-181 substituted appropriations

authorization not in excess of $16,512,000 for fiscal year 1984,

and such sums as may be necessary for fiscal year 1985 for prior

authorization not to exceed $12,500,000, $12,000,000, $13,426,000,

and $14,950,000 for fiscal years 1979, 1980, 1981, and 1982,

respectively.

1981 - Subsec. (a). Pub. L. 97-35 inserted authorized of

appropriations for fiscal year 1982.

1980 - Subsec. (a). Pub. L. 96-399 authorized appropriations of

not to exceed $13,426,000 for fiscal year 1981.

1979 - Subsec. (a). Pub. L. 96-153 authorized appropriation of

$12,000,000 for fiscal year 1980.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

EXPANSION OF NATIONAL NEIGHBORHOOD HOUSING SERVICES NETWORK

Section 917(a), (b) of Pub. L. 101-625 provided that:

"(a) Findings. - The Congress finds that -

"(1) protecting the existing stock of unsubsidized privately

held lower income housing through the rehabilitation and

revitalization of declining neighborhoods is essential to a

national housing policy that seeks to increase the availability

of affordable housing for low- and moderate-income families;

"(2) the Neighborhood Reinvestment Corporation, the anchor of

the national neighborhood housing services network, was chartered

by Congress more than 10 years ago to revitalize neighborhoods

for the benefit of current residents by mobilizing public,

private, and community resources at the neighborhood level;

"(3) the national neighborhood housing services network has

proven its worth as a successful cost-effective program relying

largely on local initiative for the specific design of local

programs;

"(4) the national neighborhood housing services network has had

more than 10 years of experience in revitalizing declining

neighborhoods, creating housing for low- and moderate-income

families, and equipping residents with skills and resources

required to maintain safe and healthy communities; and

"(5) expanding upon the existing capabilities, resources, and

potential of the national neighborhood housing services network

is a cost-effective response to the affordable housing and

neighborhood revitalization needs confronting the Nation, and is

a strong preventive measure in addressing the national tragedy of

homelessness.

"(b) Purpose. - It is the purpose of this section [amending this

section] to authorize appropriations for the Neighborhood

Reinvestment Corporation for fiscal years 1991 and 1992 to permit

the corporation -

"(1) to carefully expand the capacities of the national

neighborhood housing services network;

"(2) to begin to meet the urgent need for neighborhood housing

services and mutual housing associations in neighborhoods across

the Nation as the effort to preserve affordable housing for low-

and moderate-income American families increases;

"(3) to increase and provide ongoing technical and capacity

development assistance to neighborhood housing services and

related public-private partnership-based nonprofit institutions

involved in the revitalization of neighborhoods for the benefit

of current residents, rehabilitation, preservation of existing

housing stock, and production of additional housing opportunities

for low- and moderate-income families;

"(4) to expand the loan purchase capacity of the national

neighborhood housing services secondary market, operated by

Neighborhood Housing Services of America, for loans made by

neighborhood housing services to residents who are unable to meet

conventional lending standards, and other loans for community

development purposes;

"(5) to provide increased capacity development and matching

grants to preserve existing privately held unsubsidized rental

housing affordable to low- and moderate-income households and to

create flexible strategies effective in the diverse economic and

geographic environments of the Nation;

"(6) to make grants to provide incentives to extend low-income

housing use in connection with properties subject to prepayment

pursuant to the Low-Income Housing Preservation and Resident

Ownership [Homeownership] Act of 1990 [12 U.S.C. 4101 et seq.];

"(7) to increase the resources available to neighborhood

housing services network programs for the purchase of multifamily

and single-family properties owned by the Secretary of Housing

and Urban Development for rehabilitation (if necessary) and sale

to low- and moderate-income families;

"(8) to expand the national mutual housing association

demonstration by providing technical assistance and matching

grants to assist low- and moderate-income families to participate

in such associations;

"(9) to increase resources available to neighborhood housing

services network programs for foreclosure intervention and

prevention; and

"(10) to create additional neighborhood housing services

partnership organizations to serve rural communities, Native

Americans, Native Hawaiians, and other communities in need."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8105 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - NEIGHBORHOOD SELF-HELP DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER II - NEIGHBORHOOD SELF-HELP DEVELOPMENT

-HEAD-

SUBCHAPTER II - NEIGHBORHOOD SELF-HELP DEVELOPMENT

-End-

-CITE-

42 USC Secs. 8121 to 8124 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER II - NEIGHBORHOOD SELF-HELP DEVELOPMENT

-HEAD-

Secs. 8121 to 8124. Repealed. Pub. L. 97-35, title III, Sec.

313(a), Aug. 13, 1981, 95 Stat. 398

-MISC1-

Section 8121, Pub. L. 95-557, title VII, Sec. 702, Oct. 31, 1978,

92 Stat. 2119, set forth congressional findings and statement of

purposes for neighborhood self-help development programs.

Section 8122, Pub. L. 95-557, title VII, Sec. 703, Oct. 31, 1978,

92 Stat. 2120, defined terms applicable to subchapter.

Section 8123, Pub. L. 95-557, title VII, Sec. 704, Oct. 31, 1978,

92 Stat. 2120; Pub. L. 96-153, title I, Sec. 107(b), Dec. 21, 1979,

93 Stat. 1104, set forth provisions respecting grants and other

forms of assistance.

Section 8124, Pub. L. 95-557, title VII, Sec. 705, Oct. 31, 1978,

92 Stat. 2121; Pub. L. 96-153, title I, Sec. 107(a), Dec. 21, 1979,

93 Stat. 1104; Pub. L. 96-399, title I, Sec. 115, Oct. 8, 1980, 94

Stat. 1623, related to authorization of appropriations for grants.

EFFECTIVE DATE OF REPEAL

Sections 8121 to 8124 repealed effective Oct. 1, 1981, see

section 371 of Pub. L. 97-35, set out as an Effective Date note

under section 3701 of Title 12, Banks and Banking.

-End-

-CITE-

42 USC SUBCHAPTER III - LIVABLE CITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

SUBCHAPTER III - LIVABLE CITIES

-End-

-CITE-

42 USC Sec. 8141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8141. Congressional findings

-STATUTE-

The Congress finds and declares -

(1) that artistic, cultural, and historic resources, including

urban design, constitute an integral part of a suitable living

environment for the residents of the Nation's urban areas, and

should be available to all residents of such areas, regardless of

income;

(2) that the development or preservation of such resources is a

significant and necessary factor in restoring and maintaining the

vitality of the urban environment, and can serve as a catalyst

for improving decaying or deteriorated urban communities and

expanding economic opportunities, and for creating a sense of

community identity, spirit, and pride; and

(3) that the encouragement and support of local initiatives to

develop or preserve such resources, particularly in connection

with federally assisted housing or community development

activities or in communities with a high proportion of low-income

residents, is an appropriate function of the Federal Government.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 802, Oct. 31, 1978, 92 Stat.

2122.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Livable Cities Act of

1978", see section 801 of Pub. L. 95-557, set out as a note under

section 8101 of this title.

-End-

-CITE-

42 USC Sec. 8142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8142. Statement of purpose

-STATUTE-

The primary purpose of this subchapter is to assist the efforts

of States, local governments, neighborhood and other organizations

to provide a more suitable living environment, expand cultural

opportunities, and to the extent practicable, stimulate economic

opportunities, primarily for the low and moderate income residents

of communities and neighborhoods in need of conservation and

revitalization, through the utilization, design or development of

artistic, cultural, or historic resources.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 803, Oct. 31, 1978, 92 Stat.

2122.)

-End-

-CITE-

42 USC Sec. 8143 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8143. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) the terms "art" and "arts" include, but are not limited to,

architecture (including preservation, restoration, or adaptive

use of existing structures), landscape architecture, urban

design, interior design, graphic arts, fine arts (including

painting and sculpture), performing arts (including music, drama,

and dance), literature, crafts, photography, communications media

and film, as well as other similar activities which reflect the

cultural heritage of the Nation's communities and their citizens;

(2) the term "nonprofit organization" means an organization in

which no part of its net earnings inures to the benefit of any

private stockholder or stockholders, individual or individuals

and, if a private entity, which is not disqualified for tax

exemption under section 501(c)(3) of title 26 by reason of

attempting to influence legislation and does not participate in

or intervene in (including the publishing or distribution of

statements) any political campaign on behalf of any candidate for

public office; such organizations may include States and units of

local government (including public agencies or special

authorities thereof), regional organizations of local governments

and nonprofit societies, neighborhood groups, institutions,

organizations, associations or museums;

(3) the term "project" means a program or activity intended to

carry out the purposes of this subchapter, including programs for

neighborhood and community-based arts programs, urban design,

user needs design, and the encouragement of the preservation of

historic or other structures which have neighborhood or community

significance;

(4) the term "Secretary" means the Secretary of Housing and

Urban Development;

(5) the term "Chairman" means the Chairman of the National

Endowment for the Arts;

(6) the term "Department" means the Department of Housing and

Urban Development; and

(7) the term "Endowment" means the National Endowment for the

Arts.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 804, Oct. 31, 1978, 92 Stat.

2122; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Par. (2). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

-End-

-CITE-

42 USC Sec. 8144 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8144. Grants to or contracts with organizations

-STATUTE-

(a) Authorization; purposes

The Secretary is authorized to make grants to, or enter into

contracts with, nonprofit organizations for the purpose of enabling

such organizations to undertake or support in cities, urban

communities, or neighborhoods, projects which the Secretary, in

consultation with the Chairman, determines will carry out the

purposes of this subchapter and which -

(1) have substantial artistic, cultural, historical, or design

merit,

(2) represent community or neighborhood initiatives which have

a significant potential for conserving or revitalizing

communities or neighborhoods, and for enhancing community or

neighborhood identity and pride, and

(3) meet the criteria established jointly by the Secretary and

the Chairman pursuant to this section.

(b) Establishment of criteria and procedures for evaluation and

selection of projects; scope of criteria

The Secretary and the Chairman shall establish jointly criteria

and procedures for evaluating and selecting projects to be assisted

under this subchapter. Such criteria shall address, but need not be

limited to -

(1) artistic, cultural, historical, or design quality;

(2) the degree of broadly based, active involvement of

neighborhood residents, community groups, local officials, and

persons with expertise in the arts with the proposed project;

(3) the degree of or the potential for utilization or

stimulation of assistance or cooperation from other Federal,

State, and local public and private sources, including arts

organizations;

(4) the feasibility of project implementation, including the

capability of the sponsor organization;

(5) the potential contribution to neighborhood revitalization

and the creation of a sense of community identity and pride;

(6) the potential for stimulating neighborhood economic and

community development, particularly for the benefit of persons of

low and moderate income; and

(7) the potential of utilization of the project by neighborhood

residents, particularly residents of low and moderate income,

senior citizens, and handicapped persons.

(c) Application requirements

No assistance shall be made under this subchapter except upon

application therefor submitted to the Secretary in accordance with

regulations and procedures established jointly by the Secretary and

the Chairman.

(d) Consultation requirements

Prior to the approval of any application for assistance under

this subchapter, the Secretary shall consult with the Chairman and,

in accordance with regulations and procedures established jointly

by the Secretary and the Chairman, seek the recommendations of

State and local officials and private citizens who have broad

knowledge of, or experience or expertise in, community and economic

development and revitalization, and of such officials and citizens

who have broad knowledge of, or expertise in, the arts.

(e) Regulations respecting matching requirements; waiver, etc.

The Secretary, in cooperation with the Chairman, shall prescribe

regulations which require that specific portions of the cost of any

projects assisted under this subchapter shall be provided from

sources other than funds made available under this subchapter. Such

matching requirements may vary depending on the type of applicant,

and the Secretary may reduce or waive such requirements solely in

order to take account of the financial capacity of the applicant.

(f) Certification of application

Grants and other assistance may be made available under this

subchapter only if the application contains a certification by the

unit of general local government in which the project will be

located that the project is consistent with and supportive of the

objectives of that government for the area in which the project is

located.

(g) Available funds not to supplant other public or private funds

Funds made available under this subchapter shall not be used to

supplant other public or private funds.

(h) Availability of funds for administrative expenses

No more than 10 per centum of the funds appropriated for any

fiscal year under section 8146 of this title shall be available for

administrative expenses.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 805, Oct. 31, 1978, 92 Stat.

2123.)

-End-

-CITE-

42 USC Sec. 8145 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8145. Coordination and development of program with other

Federal and non-Federal programs

-STATUTE-

The Secretary shall coordinate the administration of the

provisions of this subchapter in cooperation with other Federal

agencies and assure that projects assisted under this subchapter

are coordinated with efforts undertaken by State and local public

and private entities, including arts organizations.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 806, Oct. 31, 1978, 92 Stat.

2124.)

-End-

-CITE-

42 USC Sec. 8146 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 90 - NEIGHBORHOOD AND CITY REINVESTMENT, SELF-HELP AND

REVITALIZATION

SUBCHAPTER III - LIVABLE CITIES

-HEAD-

Sec. 8146. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for carrying out the

purposes of this subchapter not to exceed $5,000,000 for fiscal

year 1979, and not to exceed $5,000,000 for fiscal year 1980. Any

amounts appropriated under this section shall remain available

until expended.

-SOURCE-

(Pub. L. 95-557, title VIII, Sec. 807, Oct. 31, 1978, 92 Stat.

2124; Pub. L. 96-153, title I, Sec. 108, Dec. 21, 1979, 93 Stat.

1105.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-153 reduced authorization of appropriation for

fiscal year 1980 from "$10,000,000" to "$5,000,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8144 of this title.

-End-