42 U.S.C. § 12870 — Authorization of appropriations

Page 8487 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12870 1 See References in Text note below. 1 See References in Text note below. (4) Single parent The term ‘‘single parent’’ means an indi- vidual who— (A) is unmarried or legally separated from a spouse; and (B)(i) has 1 or more minor children for whom the individual has custody or joint custody; or (ii) is pregnant. (5) State The term ‘‘State’’ means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Common- wealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (6) Trust The term ‘‘Trust’’ means the National Homeownership Trust established in section 12851 of this title. (Pub. L. 101–625, title III, § 305, Nov. 28, 1990, 104 Stat. 4132.) Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 12855. Regulations The Board of Directors shall issue any regula- tions necessary to carry out this subchapter. (Pub. L. 101–625, title III, § 306, Nov. 28, 1990, 104 Stat. 4133.) § 12856. Report The Board of Directors shall submit to the Congress, not later than the expiration of the 90- day period beginning on the date of the termi- nation of the Trust under section 12859 of this title, a report containing a description of the ac- tivities of the Trust and an analysis of the effec- tiveness of the Trust in assisting first-time homebuyers. (Pub. L. 101–625, title III, § 307, Nov. 28, 1990, 104 Stat. 4133.) § 12857. Authorization of appropriations There are authorized to be appropriated for as- sistance payments under this subchapter $520,665,600 for fiscal year 1993 and $542,533,555 for fiscal year 1994, of which such sums as may be necessary shall be available in each such fiscal year for use under section 12852(e) of this title. Any amount appropriated under this section shall be deposited in the Fund and shall remain available until expended, subject to the provi- sions of section 12858 1 of this title. (Pub. L. 101–625, title III, § 308, Nov. 28, 1990, 104 Stat. 4133; Pub. L. 102–550, title I, § 182(b), Oct. 28, 1992, 106 Stat. 3736.) Editorial Notes REFERENCES IN TEXT Section 12858 of this title, referred to in text, was in the original ‘‘section 311’’, and was translated as read- ing ‘‘section 309’’, meaning section 309 of Pub. L. 101–625, to reflect the probable intent of Congress, be- cause Pub. L. 101–625 does not contain a section 311. AMENDMENTS 1992—Pub. L. 102–550 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to carry out this sub- chapter $250,000,000 for fiscal year 1991 and $521,500,000 for fiscal year 1992. Any amount appropriated under this section shall be deposited in the Fund and remain available until expended, subject to the provisions of section 12858 of this title.’’ § 12858. Transition (a) Authority of Secretary Upon the termination of the Trust as provided in section 12859 of this title, the Secretary of Housing and Urban Development shall exercise any authority of the Board of Directors and the Trust in accordance with the provisions of this subchapter as may be necessary to provide for the conclusion of the outstanding affairs of the Trust. (b) Applicability of Trust provisions Any assistance under this subchapter shall, after termination of the Trust, be subject to the provisions of this subchapter that would have applied to such assistance if the termination had not occurred. (c) Certification of Fund to Treasury Upon a determination by the Secretary of Housing and Urban Development that the Na- tional Homeownership Trust Fund is no longer necessary, the Secretary shall certify any amounts remaining in the Fund to the Sec- retary of the Treasury and the Secretary of the Treasury shall deposit into the general fund of the Treasury as miscellaneous receipts any amounts remaining in the Fund. (Pub. L. 101–625, title III, § 309, Nov. 28, 1990, 104 Stat. 4133.) § 12859. Termination The Trust shall terminate September 30, 1994. (Pub. L. 101–625, title III, § 310, Nov. 28, 1990, 104 Stat. 4133; Pub. L. 102–550, title I, § 182(a), Oct. 28, 1992, 106 Stat. 3736.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–550 substituted ‘‘September 30, 1994’’ for ‘‘on September 30, 1993’’. SUBCHAPTER IV—HOPE FOR HOMEOWNER- SHIP OF MULTIFAMILY AND SINGLE FAMILY HOMES § 12870. Authorization of appropriations (a) Fiscal year 1993 There are authorized to be appropriated for grants under this title 1 $855,000,000 for fiscal year 1993, of which— Page 8488 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12871 2 So in original. Probably should be ‘‘such’’. (1) $285,000,000 shall be available for activi- ties authorized under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.], of which up to $4,500,000 of any amounts appropriated may be made available for tech- nical assistance to potential applicants, appli- cants and recipients of assistance under this 2 title; (2) $285,000,000 shall be available for activi- ties authorized under part A, of which up to $3,250,000 of any amounts appropriated may be made available for technical assistance to po- tential applicants, applicants and recipients of assistance under this 2 part; and (3) $285,000,000 shall be available for activi- ties under part B, of which up to $2,250,000 of any amounts appropriated may be made avail- able for technical assistance to potential ap- plicants, applicants and recipients of assist- ance under this 2 part. Any amount appropriated pursuant to this sub- section shall remain available until expended. (b) Fiscal year 1994 There are authorized to be appropriated for grants under this title 1 $883,641,000 for fiscal year 1994, of which— (1) $294,547,000 shall be available for activi- ties authorized under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.], up to $4,500,000 of which may be made available for technical assistance to potential applicants, applicants and recipients of assist- ance under this 2 title; (2) $294,547,000 shall be available for activi- ties authorized under part A, up to $3,250,000 of which may be made available for technical as- sistance to potential applicants, applicants and recipients of assistance under this 2 part; and (3) $294,547,000 shall be available for activi- ties under part B, up to $2,250,000 of which may be made available for technical assistance to potential applicants, applicants and recipients of assistance under this 2 part. Any amount appropriated pursuant to this sub- section shall remain available until expended. (c) Technical assistance Technical assistance made available under title III of the United States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.] or part A or part B of this subchapter may include, but shall not be limited to, training, clearinghouse services, the collection, processing and dissemination of pro- gram information useful for local and national program management, and provision of seed money. Such technical assistance may be made available directly, or indirectly under contracts and grants, as appropriate. In any fiscal year, no single applicant, potential applicant, or recipi- ent under title III of the United States Housing Act of 1937, or part A or part B of this sub- chapter may receive technical assistance in an amount exceeding 20 percent of the total amount made available for technical assistance under such title or part for the fiscal year. (Pub. L. 101–625, title IV, § 402, as added Pub. L. 102–550, title I, § 181(a)(1), Oct. 28, 1992, 106 Stat. 3734; amended Pub. L. 109–281, § 2(d)(3), Sept. 22, 2006, 120 Stat. 1181.) Editorial Notes REFERENCES IN TEXT This title, referred to in introductory provisions of subsecs. (a) and (b), is title IV of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4148, known as the Homeownership and Opportunity Through HOPE Act, which enacted this subchapter and subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title, amended sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, Banks and Banking, and enacted provisions set out as notes under sections 1437c, 1437aa, and 1437aaa of this title. For complete classification of title IV to the Code, see Short Title note set out under sec- tion 1437aaa of this title and Tables. The United States Housing Act of 1937, referred to in subsecs. (a)(1), (b)(1), and (c), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title III of the Act is classi- fied generally to subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–281 struck out the sec- ond sentence, which read as follows: ‘‘Of the amounts appropriated pursuant to this subsection, up to $40,000,000, but not less than 5 percent, shall be avail- able for activities authorized under part C of this sub- chapter.’’ Subsec. (b). Pub. L. 109–281 struck out the second sen- tence, which read as follows: ‘‘Of the amounts appro- priated pursuant to this subsection, up to $41,680,000, but not less than 5 percent, shall be available for ac- tivities authorized under part C of this subchapter.’’ Statutory Notes and Related Subsidiaries GAO AUDIT OF TECHNICAL ASSISTANCE CONTRACTS Pub. L. 102–550, title I, § 181(a)(3), Oct. 28, 1992, 106 Stat. 3735, provided that: ‘‘The Comptroller General of the United States shall conduct an audit of all of the technical assistance contracts awarded for fiscal years 1993 and 1994 pursuant to section 402 of the Cranston- Gonzalez National Affordable Housing Act [42 U.S.C. 12870]. The Comptroller General shall submit a report to the Congress describing the results of such audit not later than September 30, 1994.’’ PART A—HOPE FOR HOMEOWNERSHIP OF MULTIFAMILY UNITS § 12871. Program authority (a) In general The Secretary is authorized to make— (1) planning grants to enable applicants to develop homeownership programs; and (2) implementation grants to enable appli- cants to carry out homeownership programs. (b) Authority to reserve housing assistance In connection with a grant under this part, the Secretary may reserve authority to provide as- sistance under section 1437f of this title to the extent necessary to provide rental assistance for a nonpurchasing tenant who resides in the project on the date the Secretary approves the application for an implementation grant, for use by the tenant in another project. (Pub. L. 101–625, title IV, § 421, Nov. 28, 1990, 104 Stat. 4162; Pub. L. 102–550, title I, § 181(a)(2)(B)(i), Oct. 28, 1992, 106 Stat. 3735.)