Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

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# 42 U.S.C. § 5309 - Nondiscrimination in programs and activities
## Text
(a) Prohibited conduct No person in the United States shall on the ground 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 chapter. 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.
(b) Compliance procedures available to Secretary Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this chapter has failed to comply with subsection (a) or (e) or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); (3) exercise the powers and functions provided for in section 5311(a) of this title; or (4) take such other action as may be provided by law.
(c) Civil action by Attorney General When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
(d) Waiver of race discrimination prohibitions regarding assistance to Hawaiian Home Lands The provisions of this section and section 5304(b)(2) of this title which relate to discrimination on the basis of race shall not apply to the provision of assistance by grantees under this chapter to the Hawaiian Home Lands.
(e) Equal access (1) Definition In this subsection, the term “youth organization” means an organization described under part B of subtitle II of title 36 that is intended to serve individuals under the age of 21 years.
(2) In general No State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under this chapter shall deny equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
(Pub. L. 93383, title I, § 109, Aug. 22, 1974, 88 Stat. 649; Pub. L. 9735, title III, § 306, Aug. 13, 1981, 95 Stat. 392; Pub. L. 101625, title IX, §§ 911, 912(a), Nov. 28, 1990, 104 Stat. 4392; Pub. L. 109148, div. A, title VIII, § 8126(d), Dec. 30, 2005, 119 Stat. 2730; Pub. L. 109163, div. A, title X, § 1058(d), Jan. 6, 2006, 119 Stat. 3443.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a), (b), (d), and (e)(2), was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. The Age Discrimination Act of 1975, referred to in subsec. (a), is title III of Pub. L. 94135, Nov. 28, 1975, 89 Stat. 728, 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 Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 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.
Amendments2006—Subsec. (b). Pub. L. 109163, § 1058(d)(1), inserted “or (e)” after “subsection (a)” in first sentence. Subsec. (e). Pub. L. 109163, § 1058(d)(2), added subsec. (e). 2005—Subsec. (b). Pub. L. 109148, § 8126(d)(1), which directed amendment identical to amendment by Pub. L. 109163, § 1058(d)(1), was not executed. See 2006 Amendment note above and Reconciliation of Duplicate Enactments note below. Subsec. (e). Pub. L. 109148, § 8126(d)(2), which directed addition of subsec. (e) substantially identical to subsec. (e) added by Pub. L. 109163, § 1058(d)(2), was not executed. See 2006 Amendment note above and Reconciliation of Duplicate Enactments note below. 1990—Subsec. (a). Pub. L. 101625, § 912(a), inserted “religion,” after “national origin,”. Subsec. (d). Pub. L. 101625, § 911, added subsec. (d). 1981—Subsec. (a). Pub. L. 9735 inserted provisions respecting age discrimination.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101625, title IX, § 912(b), Nov. 28, 1990, 104 Stat. 4392, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to conduct relating to discrimination occurring after the date of the enactment of this Act [Nov. 28, 1990].”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
Reconciliation of Duplicate EnactmentsPub. L. 109364, div. A, title X, § 1071(f)(2), Oct. 17, 2006, 120 Stat. 2402, as amended by Pub. L. 110181, div. A, title X, § 1063(c)(10), Jan. 28, 2008, 122 Stat. 323, provided that: “In executing to section 109 of the Housing and Community Development Act of 1974 [42 U.S.C. 5309] the amendments made by section 8126(d) of Public Law 109148 (119 Stat. 2730) and section 1058(d) of Public Law 109163 (119 Stat. 3443), such amendments shall be executed so as to appear only once in the law as amended.” [Pub. L. 110181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(10) to Pub. L. 109364, § 1071(f)(2), set out above, is effective as of Oct. 17, 2006, and as if included in Pub. L. 109364, as enacted.]
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# 42 U.S.C. § 5310 - Labor standards; rate of wages; exceptions; enforcement powers
## Text
(a) All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 31413144, 3146, and 3147 of title 40: Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40.
(b) Subsection (a) shall not apply to any individual that—
(1) performs services for which the individual volunteered;
(2) (A) does not receive compensation for such services; or
(B) is paid expenses, reasonable benefits, or a nominal fee for such services; and
(3) is not otherwise employed at any time in the construction work.
(Pub. L. 93383, title I, § 110, Aug. 22, 1974, 88 Stat. 649; Pub. L. 9735, title III, § 309(j), Aug. 13, 1981, 95 Stat. 397; Pub. L. 100242, title V, § 523, Feb. 5, 1988, 101 Stat. 1939; Pub. L. 101625, title IX, § 955(a), Nov. 28, 1990, 104 Stat. 4420.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Codification In subsec. (a), “sections 31413144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a5)” and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c))”, meaning 276c, on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments1990—Pub. L. 101625 designated existing provisions as subsec. (a) and added subsec. (b). 1988—Pub. L. 100242, which directed the substitution of “contains not less than 8 units” for “is designed for residential use of eight or more families”, was executed by making the substitution for “is designed for residential use for eight or more families” as the probable intent of Congress. 1981—Pub. L. 9735 substituted “assistance” for “grants”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101625 applicable to any volunteer services provided before, on, or after Nov. 28, 1990, except that such amendment may not be construed to require repayment of any wages paid before Nov. 28, 1990, for services provided before such date, see section 955(d) of Pub. L. 101625, set out as a note under section 1437j of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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# 42 U.S.C. § 5311 - Remedies for noncompliance with community development requirements
## Text
(a) Notice and hearing; termination, reduction, or limitation of payments by Secretary If the Secretary finds after reasonable notice and opportunity for hearing that a recipient of assistance under this chapter has failed to comply substantially with any provision of this chapter, the Secretary, until he is satisfied that there is no longer any such failure to comply, shall—
(1) terminate payments to the recipient under this chapter, or
(2) reduce payments to the recipient under this chapter by an amount equal to the amount of such payments which were not expended in accordance with this chapter, or
(3) limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply.
(b) Referral of matters to Attorney General; institution of civil action by Attorney General (1) In lieu of, or in addition to, any action authorized by subsection (a), the Secretary may, if he has reason to believe that a recipient has failed to comply substantially with any provision of this chapter, refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.
(2) Upon such a referral the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this chapter which was not expended in accordance with it, or for mandatory or injunctive relief.
(c) Petition for review of action of Secretary in Court of Appeals; filing of record of proceedings in court by Secretary; affirmance, etc., of findings of Secretary; exclusiveness of jurisdiction of court; review by Supreme Court on writ of certiorari or certification (1) Any recipient which receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter may, within sixty days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the Secretarys action. The petitioner shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.
(2) The Secretary shall file in the court record of the proceeding on which he based his action, as provided in section 2112 of title 28. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.
(3) The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action.
(4) Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28.
(Pub. L. 93383, title I, § 111, Aug. 22, 1974, 88 Stat. 650.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) to (c)(1), was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
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# 42 U.S.C. § 5312 - Use of grants for settlement of outstanding urban renewal loans of units of general local government
## Text
(a) Limitation on amounts; prerequisites The Secretary is authorized, notwithstanding any other provision of this chapter, to apply a portion of the grants, not to exceed 20 per centum thereof without the request of the recipient, made or to be made under section 5303 of this title in any fiscal year pursuant to an allocation under section 5306 of this title to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.] being carried out within the jurisdiction of such unit of general local government if—
(1) the Secretary determines, after consultation with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without additional capital grants, or
(2) the local public agency carrying out the project submits to the Secretary an appropriate request which is concurred in by the governing body of such unit of general local government.
In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be incurred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project.
(b) Approval by Secretary of financial settlement of urban renewal project Upon application by any local public agency carrying out an urban renewal project under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.], which application is approved by the governing body of the unit of general local government in which the project is located, the Secretary may approve a financial settlement of such project if he finds that a surplus of capital grant funds after full repayment of temporary loan indebtedness will result and may authorize the unit of general local government to use such surplus funds, without deduction or offset, in accordance with the provisions of this chapter.
(Pub. L. 93383, title I, § 112, Aug. 22, 1974, 88 Stat. 650; Pub. L. 9735, title III, § 309(k), Aug. 13, 1981, 95 Stat. 397; Pub. L. 98181, title I [title I, § 109], Nov. 30, 1983, 97 Stat. 1168; Pub. L. 98479, title I, § 101(a)(13)(A), Oct. 17, 1984, 98 Stat. 2220.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. The Housing Act of 1949, referred to in subsecs. (a) and (b), is act July 15, 1949, ch. 338, 63 Stat. 413. Title I of the Housing Act of 1949 was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of this title, and was omitted from the Code pursuant to section 5316 of this title which terminated authority to make grants or loans under such title I after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
Amendments1984—Subsec. (c). Pub. L. 98479 struck out subsec. (c) which related to retention of program income and prerequisites. 1983—Subsec. (c). Pub. L. 98181 added subsec. (c). 1981—Subsec. (a). Pub. L. 9735 substituted “5303” for “5303(a)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentAmendment by Pub. L. 98181 applicable only to funds available for fiscal year 1984 and thereafter, see section 110(b) of Pub. L. 98181, as amended, set out as a note under section 5316 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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# 42 U.S.C. § 5313 - Reporting requirements
## Text
(a) Not later than 180 days after the close of each fiscal year in which assistance under this chapter is furnished, the Secretary shall submit to the Congress a report which shall contain—
(1) a description of the progress made in accomplishing the objectives of this chapter;
(2) a summary of the use of such funds during the preceding fiscal year;
(3) with respect to the action grants authorized under section 5318 of this title, a listing of each unit of general local government receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year; and
(4) a description of the activities carried out under section 5308 of this title.
(b) The Secretary is authorized to require recipients of assistance under this chapter to submit to him such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a).
(Pub. L. 93383, title I, § 113, Aug. 22, 1974, 88 Stat. 651; Pub. L. 95128, title I, § 109, Oct. 12, 1977, 91 Stat. 1124; Pub. L. 9735, title III, § 309(l), Aug. 13, 1981, 95 Stat. 397; Pub. L. 101625, title IX, § 910(h), Nov. 28, 1990, 104 Stat. 4392.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
Amendments1990—Subsec. (a)(4). Pub. L. 101625 added par. (4). 1981—Subsec. (a)(2). Pub. L. 9735 struck out requirement respecting approval by the Secretary. 1977—Subsec. (a)(3). Pub. L. 95128 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95128 effective Oct. 1, 1977, see section 114 of Pub. L. 95128, set out as a note under section 5301 of this title.
Study Regarding Availability of Housing Proximate to Places of EmploymentPub. L. 101625, title IX, § 919, Nov. 28, 1990, 104 Stat. 4401, directed Secretary of Housing and Urban Development to conduct a study regarding availability of housing within reasonable proximity of places of employment and to submit a report not later than expiration of 1-year period beginning on Nov. 28, 1990, to appropriate committees of Congress containing results and conclusions of such study, as well as proposed strategies to increase availability of housing for low- and moderate-income families within reasonable proximity of places of employment for working members of such families to and prevent geographical divergence of such housing and places of employment.
Study on Involuntary Housing Displacement; Report to CongressPub. L. 96399, title I, § 105(b), Oct. 8, 1980, 94 Stat. 1618, directed Secretary of Housing and Urban Development to continue study on involuntary displacement conducted under Pub. L. 95557, title IX, § 902, Oct. 31, 1978, 92 Stat. 2125, set out below, and transmit, not later than Mar. 30, 1981, a report to Congress containing data collected since initial report submitted under such section 902, and further recommendations on minimizing involuntary displacement and alleviating problems caused by such displacement.
Adequacy, Effectiveness, and Equity of Formula for Allocation of Funds; Report to CongressPub. L. 96399, title I, § 113, Oct. 8, 1980, 94 Stat. 1622, directed Secretary of Housing and Urban Development, not later than Jan. 1, 1983, to report to Congress with respect to adequacy, effectiveness, and equity of formula used for allocation of funds under title I of the Housing and Community Development Act of 1974 (this chapter), with specific analysis and recommendations concerning manner in which such formula is or could be affected by data derived from 1980 decennial census.
Statement of Policy and Study on Housing DisplacementPub. L. 95557, title IX, § 902, Oct. 31, 1978, 92 Stat. 2125, declared it to be the policy of Congress that in administration of Federal housing and development programs, involuntary displacement of persons from homes and neighborhoods should be minimized and in keeping with such stated policy, authorized Secretary of Housing and Urban Development to conduct a study on nature and extent of such displacement and, not later than Jan. 31, 1979, report to Congress on recommendations for formulation of a national policy to minimize such displacement.
Study on Small Cities; Report to President and Congress; Alternative FormulaePub. L. 95128, title I, § 113, Oct. 12, 1977, 91 Stat. 1111, directed Secretary of Housing and Urban Development to conduct a study and, not later than one year after Oct. 12, 1977, report to President and Congress recommendations on formation of a national policy on developmental needs of small cities and, among other things, include in such report alternative verifiable formulae to be used in distribution of discretionary balance funds available for allocation to such small cities under this chapter.
@@ -0,0 +1,47 @@
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# 42 U.S.C. § 5313a - Duplication of benefits
## Text
The Secretary shall establish procedures to prevent recipients from receiving any duplication of benefits and report annually to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including duplication of benefits.
(Pub. L. 110329, div. B, title I, Sept. 30, 2008, 122 Stat. 3601; Pub. L. 11376, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635.)
## Notes
Editorial Notes
References in TextThis heading, referred to in text, refers to the headings “Community Planning and Development” and “community development fund” of title I of div. B of Pub. L. 110329, known as the Disaster Relief and Recovery Supplemental Appropriations Act, 2008.
Codification Section was enacted as part of the Disaster Relief and Recovery Supplemental Appropriations Act, 2008, and also as part of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, and not as part of title I of the Housing and Community Development Act of 1974 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar ProvisionsSimilar provisions were contained in the following prior appropriation acts: Pub. L. 110252, title III, June 30, 2008, 122 Stat. 2353; Pub. L. 11376, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635. Pub. L. 109234, title II, June 15, 2006, 120 Stat. 473; Pub. L. 11376, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635. Pub. L. 109148, div. B, title I, Dec. 30, 2005, 119 Stat. 2781; Pub. L. 11376, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635.
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# 42 U.S.C. § 5314 - Consultation by Secretary with other Federal departments, etc.
## Text
In carrying out the provisions of this chapter including the issuance of regulations, the Secretary shall consult with other Federal departments and agencies administering Federal grant-in-aid programs.
(Pub. L. 93383, title I, § 114, Aug. 22, 1974, 88 Stat. 651.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
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# 42 U.S.C. § 5315 - Interstate agreements or compacts; purposes
## Text
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 effort and mutual assistance in support of community development planning and programs carried out under this chapter 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. 93383, title I, § 115, Aug. 22, 1974, 88 Stat. 651.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
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# 42 U.S.C. § 5316 - Transition provisions
## Text
(a) Prohibition on new grants or loans after January 1, 1975; exceptions Except with respect to projects and programs for which funds have been previously committed, no new grants or loans shall be made after January 1, 1975, under (1) title I of the Demonstration Cities and Metropolitan Development Act of 1966 [42 U.S.C. 3301 et seq.], (2) title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.] (3) section 702 or section 703 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102 or 3103], (4) title II of the Housing Amendments of 1955 [42 U.S.C. 1491 et seq.], or (5) title VII of the Housing Act of 1961 [42 U.S.C. 1500 et seq.].
(b) Final date in fiscal year for submission of application for grant; establishment by Secretary In the case of funds available for any fiscal year, the Secretary shall not consider any statement under section 5304(a) of this title, unless such statement is submitted on or prior to such date as the Secretary shall establish as the final date for submission of statements for that year.
(Pub. L. 93383, title I, § 116, Aug. 22, 1974, 88 Stat. 652; Pub. L. 94375, § 15(d), Aug. 3, 1976, 90 Stat. 1076; Pub. L. 96399, title I, § 111(h), Oct. 8, 1980, 94 Stat. 1622; Pub. L. 9735, title III, § 309(m), Aug. 13, 1981, 95 Stat. 397; Pub. L. 98181, title I [title I, § 110(a)], Nov. 30, 1983, 97 Stat. 1168.)
## Notes
Editorial Notes
References in TextThe Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (a), is Pub. L. 89754, Nov. 3, 1966, 80 Stat. 1255. Title I of the Act was classified principally to subchapter I (§ 3301 et seq.) of chapter 41 of this title, and was omitted from the Code pursuant to this section which terminated authority to make grants or loans under such title I after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 3331 of this title and Tables. The Housing Act of 1949, referred to in subsec. (a), is act July 15, 1949, ch. 338, 63 Stat. 413. Title I of the Housing Act of 1949 was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of this title, and was omitted from the Code pursuant to this section which terminated authority to make grants or loans under such title I after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. Sections 702 and 703 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102, 3103], referred to in subsec. (a), were omitted from the Code pursuant to this section which terminated the authority to make grants or loans under those sections after Jan. 1, 1975. The Housing Amendments of 1955, referred to in subsec. (a), is act Aug. 11, 1955, ch. 783, 69 Stat. 645. Title II of the Housing Amendments of 1955 was classified generally to chapter 8B (§ 1491 et seq.) of this title, and was omitted from the Code pursuant to this section which terminated authority to make grants or loans under such title II after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables. The Housing Act of 1961, referred to in subsec. (a), is Pub. L. 8770, June 30, 1961, 87 Stat. 149. Title VII of the Housing Act of 1961 was classified generally to chapter 8C (§ 1500 et seq.) of this title, and was omitted from the Code pursuant to this section which terminated authority to make grants or loans under such title VII after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 12, Banks and Banking, and Tables.
Codification Subsecs. (c), (d), and (e) of section 116 of Pub. L. 93383 were omitted from this section. Subsec. (c) amended section 1453(b) of this title, subsec. (d) amended section 3311(b) and (c) of this title, and subsec. (e) amended section 1452b(a) and (h) of this title.
Amendments1983—Subsec. (b). Pub. L. 98181 substituted “prior to such date” for “prior to such date (in that fiscal year)”, and “for that year” for “in that year”. 1981—Subsec. (b). Pub. L. 9735 substituted provisions relating to submission of required statement for provisions relating to submission of required application. 1980—Subsec. (b). Pub. L. 96399, § 111(h), redesignated subsec. (g) as (b) and struck out “or from a unit of general local government for a grant pursuant to section 5306(h) of this title” after “section 5306(a) of this title”. Former subsec. (b), relating to deductions from grants for fiscal year 1975, was struck out. Subsec. (f). Pub. L. 96399, § 111(h)(1), struck out subsec. (f) relating to advances for program period beginning Jan. 1, 1975. Subsec. (g). Pub. L. 96399, § 111(h)(1), redesignated subsec. (g) as (b). Subsec. (h). Pub. L. 96399, § 111(h)(1), struck out subsec. (h) relating to sources of funds to meet deficiency in fiscal year 1977. 1976—Subsec. (h). Pub. L. 94375 added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentPub. L. 98181, title I [title I, § 110(b)], Nov. 30, 1983, 97 Stat. 1168, as amended by Pub. L. 98479, title I, § 101(b)(1), Oct. 17, 1984, 98 Stat. 2220, provided that: “The amendments made by this part [part A (§§ 101110) of title I of Pub. L. 98181, title I, amending this section, sections 5301 to 5308 and 5312 of this title, and provisions set out as a note under section 5305 of this title] shall apply only to funds available for fiscal year 1984 and thereafter.”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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# 42 U.S.C. § 5317 - Liquidation of superseded or inactive programs
## Text
The Secretary is authorized to transfer the assets and liabilities of any program which is superseded or inactive by reason of this chapter to the revolving fund for liquidating programs established pursuant to title II of the Independent Offices Appropriation Act, 1955 (Public Law 83428; 68 Stat. 272, 295) [12 U.S.C. 1701g5].
(Pub. L. 93383, title I, § 117(b), Aug. 22, 1974, 88 Stat. 653; Pub. L. 98479, title II, § 204(k)(2), Oct. 17, 1984, 98 Stat. 2233.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
Amendments1984—Pub. L. 98479 substituted “title II of the Independent Offices Appropriation Act, 1955 (Public Law 83428; 68 Stat. 272, 295)” for “title II of the Independent Offices Appropriation Act of 1965 (Public Law 81428; 68 Stat. 272, 295)”.
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# 42 U.S.C. § 5319 - Community participation in programs
## Text
No community shall be barred from participating in any program authorized under this chapter solely on the basis of population, except as expressly authorized by statute.
(Pub. L. 93383, title I, § 120, as added Pub. L. 95557, title I, § 103(i), Oct. 31, 1978, 92 Stat. 2084.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1978, see section 104 of Pub. L. 95557, set out as an Effective Date of 1978 Amendment note under section 1709 of Title 12, Banks and Banking.
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# 42 U.S.C. § 5320 - Historic preservation requirements
## Text
(a) Regulations With respect to applications for assistance under section 5318 11 See References in Text note below. of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 1 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54.
(b) Actions by State historic preservation officer and Secretary of the Interior In prescribing and implementing such regulations with respect to applications submitted under section 5318 of this title which identify any property pursuant to subsection (c)(4)(B) of such section, the Secretary of the Interior shall provide at least that—
(1) the appropriate State historic preservation officer (as determined in accordance with regulations prescribed by the Secretary of the Interior) shall, not later than 45 days after receiving information from the applicant relating to the identification of properties which will be affected by the project for which the application is made and which may meet the criteria established by the Secretary of the Interior for inclusion on the National Register of Historic Places (together with documentation relating to such inclusion), submit his or her comments, together with such other information considered necessary by the officer, to the applicant concerning such properties; and
(2) the Secretary of the Interior shall, not later than 45 days after receiving from the applicant the information described in paragraph (1) and the comments submitted to the applicant in accordance with paragraph (1), make a determination as to whether any of the properties affected by the project for which the application is made is eligible for inclusion on the National Register of Historic Places.
(c) Regulations by Advisory Council on Historic Preservation providing for expeditious action The Advisory Council on Historic Preservation shall prescribe regulations providing for expeditious action by the Council in making its comments under section 306108 of title 54 in the case of properties which are included on, or eligible for inclusion on, the National Register of Historic Places and which are affected by a project for which an application is made under section 5318 of this title.
(Pub. L. 93383, title I, § 121, as added Pub. L. 96399, title I, § 110(c), Oct. 8, 1980, 94 Stat. 1620; amended Pub. L. 9735, title III, § 308(b), Aug. 13, 1981, 95 Stat. 396; Pub. L. 113287, § 5(k)(4), Dec. 19, 2014, 128 Stat. 3270.)
## Notes
Editorial Notes
References in TextSection 5318 of this title, referred to in subsec. (a), probably should be a reference to section 119 of the Housing and Community Development Act of 1974, Pub. L. 93383, title I, § 119, as added Pub. L. 95128, title I, § 110(b), Oct. 12, 1977, 91 Stat. 1125, which is classified to section 5318 of this title.
Amendments2014—Subsec. (a). Pub. L. 113287, § 5(k)(4)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: “With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their relationship with— “(1) An Act to establish a program for the preservation of additional historic properties throughout the Nation, and for other purposes, approved October 14, 1966, as amended; and “(2) An Act to provide for the preservation of historical and archaeological data (including relics and specimens) which might otherwise be lost as a result of the construction of a dam, approved June 27, 1960, as amended.” Subsec. (c). Pub. L. 113287, § 5(k)(4)(B), substituted “section 306108 of title 54” for “section 106 of the Act referred to in subsection (a)(1)”. 1981—Subsec. (b). Pub. L. 9735 substituted “subsection (c)(4)(B)” for “subsection (c)(7)(B)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective on effective date of regulations implementing such amendments, see section 308(c) of Pub. L. 9735, set out as a note under section 5318 of this title.
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# 42 U.S.C. § 5321 - Suspension of requirements for disaster areas
## Text
For funds designated under this chapter 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 requirements for purposes of assistance under section 5306 of this title for that area, except for those related to public notice of funding availability, nondiscrimination, fair housing, labor standards, environmental standards, and requirements that activities benefit persons of low- and moderate-income.
(Pub. L. 93383, title I, § 122, as added Pub. L. 103233, title II, § 234, Apr. 11, 1994, 108 Stat. 369.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93288, May 22, 1974, 88 Stat. 143. 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.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of chapter 130 of this title after Apr. 11, 1994, and any amounts made available to carry out that 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. 103233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title.
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description: "Funds made available for administrative costs without regard to particular disaster appropriation"
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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citation: "42 U.S.C. § 5322"
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# 42 U.S.C. § 5322 - Funds made available for administrative costs without regard to particular disaster appropriation
## Text
Amounts made available for administrative costs for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas under this Act or any future Act, and amounts previously provided under section 420 of division L of Public Law 114113, section 145 of division C of Public Law 114223, section 192 of division C of Public Law 114223 (as added by section 101(3) of division A of Public Law 114254), section 421 of division K of Public Law 11531, and under the heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of division B of Public Law 11556, Public Law 115123, and Public Law 115254, shall be available for eligible administrative costs of the grantee related to any disaster relief funding identified in this section without regard to the particular disaster appropriation from which such funds originated.
(Pub. L. 11620, title XI, § 1101(b), June 6, 2019, 133 Stat. 900.)
## Notes
Editorial Notes
References in TextThe Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 420 of division L of Public Law 114113, referred to in text, is section 420 of Pub. L. 114113, div. L, title IV, Dec. 18, 2015, 129 Stat. 2907, which is not classified to the Code. Section 145 of division C of Public Law 114223, referred to in text, is section 145 of Pub. L. 114223, div. C, Sept. 29, 2016, 130 Stat. 916, which is not classified to the Code. Section 192 of division C of Public Law 114223 (as added by section 101(3) of division A of Public Law 114254), referred to in text, is section 192 of Pub. L. 114223, div. C, as added by Pub. L. 114254, div. A, § 101(3), Dec. 10, 2016, 130 Stat. 1019, which is not classified to the Code. Section 421 of division K of Public Law 11531, referred to in text, is section 421 of Pub. L. 11531, div. K, title IV, May 5, 2017, 131 Stat. 796, which is not classified to the Code. The heading “Department of Housing and Urban Development—Community Planning and Development—Community Development Fund” of division B of Public Law 11556, referred to in text, can be found at Pub. L. 11556, div. B, Sept. 8, 2017, 131 Stat. 1137. Provisions under the heading are not classified to the Code. Public Law 115123, referred to in text, is Pub. L. 115123, Feb. 9, 2018, 132 Stat. 64, known as the Bipartisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 1305 of this title and Tables. Public Law 115254, referred to in text, is Pub. L. 115254, Oct. 5, 2018, 132 Stat. 3186, known as the FAA Reauthorization Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 40101 of Title 49, Transportation, and Tables.
Codification Section was enacted as part of the Additional Supplemental Appropriations for Disaster Relief Act, 2019, and not as part of title I of the Housing and Community Development Act of 1974 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar ProvisionsPub. L. 11743, div. B, title VIII, Sept. 30, 2021, 135 Stat. 370, provided in part: “That a State, unit of general local government, or Indian tribe may use up to 5 percent of its allocation for administrative costs related to a major disaster under this heading [Department of Housing and Urban Development—Community Planning and Development—Community Development Fund] in this Act [div. B of Pub. L. 11743, see Tables for classification] and for the same purposes in prior and future Acts and such amounts shall be available for any eligible administrative costs without regard to a particular disaster”.