Source
(Pub. L. 101–625, title VIII, § 811, Nov. 28, 1990, 104 Stat. 4324; Pub. L. 102–27, title II, Apr. 10, 1991, 105 Stat. 150; Pub. L. 102–550, title VI, §§ 601(d),
603,
623
(a), title IX, § 913(b), Oct. 28, 1992, 106 Stat. 3803, 3805, 3818, 3877; Pub. L. 106–74, title V, §§ 512,
524
(a), Oct. 20, 1999, 113 Stat. 1101, 1106; Pub. L. 106–402, title IV, § 401(b)(11), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 106–569, title VIII, §§ 822,
841–845, Dec. 27, 2000, 114 Stat. 3020, 3022, 3023.)
References in Text
The Social Security Act, referred to in subsec. (d)(2), (3), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended. Titles XVI and XIX of the Act are classified generally to subchapters XVI (§ 1381 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter
7 of this title. For complete classification of this Act to the Code, see section
1305 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (j)(2), is
Pub. L. 88–352, July 2, 1964,
78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter
21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
2000a of this title and Tables.
The Fair Housing Act, referred to in subsec. (j)(2), is title VIII of
Pub. L. 90–284, Apr. 11, 1968,
82 Stat. 81, as amended, which is classified principally to subchapter I of chapter 45 (§ 3601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
3601 of this title and Tables.
Codification
Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Congregate Housing Services Act of 1978 which comprises this chapter.
In subsec. (j)(6)(A), “sections
3141–3144,
3146, and
3147 of title
40” substituted for “the Act of March 3, 1931 (commonly known as the Davis-Bacon Act)” 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.
November 28, 1990, referred to in subsecs. (l)(2) and (n)(2), was in the original “the enactment of this Act” and “the date of enactment of this Act”, respectively, see Enactment of Section note below.
Amendments
2000—Subsec. (d)(4).
Pub. L. 106–569, § 843(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “Tenant-based rental assistance provided under subsection (b)(1) of this section may be provided only through a public housing agency that has submitted, and had approved, an allocation plan under section
1437e
(f) of this title, and a public housing agency shall be eligible to apply under this section only for the purposes of providing such assistance. Such assistance shall be made available to eligible persons with disabilities and administered under the same rules that govern rental assistance made available under section
1437f of this title. In determining the amount of assistance provided under subsection (b)(1) of this section for a public housing agency, the Secretary shall consider the needs of the agency as described in the allocation plan.”
Subsec. (h)(1).
Pub. L. 106–569, § 845, inserted at end of concluding provisions “Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility.”
Subsec. (h)(5).
Pub. L. 106–569, § 842, substituted “sources other than this section” for “non-Federal sources” and inserted at end “Notwithstanding any other provision of law, assistance amounts provided under this section may be treated as amounts not derived from a Federal grant.”
Subsec. (j)(7).
Pub. L. 106–569, § 844, added par. (7).
Subsec. (k)(2).
Pub. L. 106–402 substituted “as defined in section
15002 of this title” for “as defined in section
6001
(7) of this title” in third sentence.
Subsec. (k)(6).
Pub. L. 106–569, § 841, which directed insertion of concluding provisions after section 811(k)(6)(D) of the Housing Act of 1959, was executed by making the insertion in this section, which is section 811 of the Cranston-Gonzalez National Affordable Housing Act, to reflect the probable intent of Congress.
Subsec. (l)(1).
Pub. L. 106–569, § 843(2), substituted “subsection (b)(2) of this section” for “subsection (b) of this section” and struck out before period at end “, and the remainder shall be available for tenant-based assistance under subsection (n)”.
Subsec. (m).
Pub. L. 106–569, § 822, added subsec. (m) and struck out heading and text of former subsec. (m). Text read as follows: “There is authorized to be appropriated for providing assistance under this section $201,000,000 for fiscal year 2000.”
1999—Subsec. (k)(4).
Pub. L. 106–74, § 524(a)(1), inserted “, subject to the limitation under subsection (h)(6) of this section” after “prescribe”.
Subsec. (l)(4).
Pub. L. 106–74, § 524(a)(2), added par. (4).
Subsecs. (m), (n).
Pub. L. 106–74, § 512, added subsec. (m) and redesignated former subsec. (m) as (n).
1992—
Pub. L. 102–550, § 623(a)(1), reenacted section catchline without change.
Subsec. (b).
Pub. L. 102–550, § 623(a)(2), added heading, introductory provisions, and pars. (1) and (2) and struck out former heading “General authority”, introductory provisions, and pars. (1) and (2) which authorized assistance to private, nonprofit organizations to expand the supply of supportive housing for persons with disabilities, which assistance would be provided as capital advances and contracts for project rental assistance, and, in concluding provisions, realigned margin and substituted “assistance under this paragraph” for “Such assistance”.
Subsec. (d)(1).
Pub. L. 102–550, § 623(a)(3)(A), which directed the substitution of “subsection (b)(2) of this section” for “this section”, was executed by making the substitution the first place appearing in first sentence, to reflect the probable intent of Congress.
Subsec. (d)(3).
Pub. L. 102–550, § 623(a)(3)(A), substituted “subsection (b)(2) of this section” for “this section”.
Subsec. (d)(4).
Pub. L. 102–550, § 623(a)(3)(B), added par. (4).
Subsec. (e)(1).
Pub. L. 102–550, § 623(a)(4), substituted “subsection (b)(2) of this section” for “this section”.
Subsec. (f).
Pub. L. 102–550, § 623(a)(5), substituted “subsection (b)(2) of this section” for “this section” in first and second sentences.
Subsec. (g).
Pub. L. 102–550, § 623(a)(6), which directed the substitution of “subsection (b)(2) of this section” for “this section”, was executed by making the substitution in the introductory provisions and in par. (7), to reflect the probable intent of Congress.
Subsec. (j)(6).
Pub. L. 102–550, § 913(b), designated existing provisions as subpar. (A), inserted subpar. heading, substituted “with 12 or more units assisted under this section” for “assisted under this section and designed for dwelling use by 12 or more persons with disabilities”, inserted “commonly known as” before “the Davis-Bacon Act”, struck out before period at end “; but the Secretary may waive the application of this paragraph in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of such housing, voluntarily donate their services without full compensation for the purposes of lowering the costs of construction and the Secretary determines that any amounts saved thereby are fully credited to the corporation, cooperative, or public body or agency undertaking the construction”, and added subpar. (B).
Subsec. (k)(6).
Pub. L. 102–550, § 603, struck out “incorporated private” before “institution” in introductory provisions, added subpar. (A), and redesignated former subpars. (A) to (C) as (B) to (D), respectively.
Subsec. (l).
Pub. L. 102–550, § 601(d)(1), substituted “Allocation of funds” for “Authorizations” in heading.
Subsec. (l)(1).
Pub. L. 102–550, § 601(d)(5), added par. (1). Former par. (1) redesignated (2).
Pub. L. 102–550, § 601(d)(2), inserted first sentence, struck out former first sentence which authorized an appropriation of $271,000,000 for fiscal year 1992 for the purpose of funding capital advances in accordance with subsection (d)(1) of this section, and in second sentence, substituted “Such amounts” for “Amounts so appropriated”.
Subsec. (l)(2).
Pub. L. 102–550, § 601(d)(4), redesignated par. (1) as (2). Former par. (2) redesignated (3).
Pub. L. 102–550, § 601(d)(3), added par. (2) and struck out former par. (2) which read as follows: “For the purpose of funding contracts for project rental assistance in accordance with subsection (d)(2) of this section, the Secretary may, to the extent approved in an appropriations Act, reserve authority to enter into obligations aggregating $246,000,000 for fiscal year 1992.”
Subsec. (l)(3).
Pub. L. 102–550, § 601(d)(4), redesignated par. (2) as (3).
1991—Subsec. (k)(4).
Pub. L. 102–27 substituted “24 persons with disabilities (or such higher number of persons as permitted under criteria that the Secretary shall prescribe)” for “20 persons with disabilities”.
Effective Date of 2000 Amendment
Amendment by title VIII of
Pub. L. 106–569 effective Dec. 27, 2000, unless effectiveness or applicability upon another date certain is specifically provided for, with provisions relating to effect of regulatory authority, see section 803 of
Pub. L. 106–569, set out as a note under section
1701q of Title
12, Banks and Banking.
Effective Date of 1992 Amendment
Amendment by subtitles B through F of title VI [§§ 621–685] of
Pub. L. 102–550 applicable upon expiration of 6-month period beginning Oct. 28, 1992, except as otherwise provided, see section
13642 of this title.
Enactment of Section
This section was enacted as part of
Pub. L. 101–625, which was approved Nov. 28, 1990. However, this section was deemed enacted as of Nov. 5, 1990, by
Pub. L. 101–507, title II, Nov. 5, 1990,
104 Stat. 1358, set out as an Effective Date of 1990 Amendment note under section
1701q of Title
12, Banks and Banking.
Inapplicability of Certain 1992 Amendments to Indian Public Housing
Amendment by section 623(a) of
Pub. L. 102–550 not applicable with respect to lower income housing developed or operated pursuant to contract between Secretary of Housing and Urban Development and Indian housing authority, see section 626 of
Pub. L. 102–550, set out as a note under section
1437a of this title.