
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 102(a)-(e)]
[Document affected by Public Law 106-569 Section 102(a)-(e)]
[CITE: 42USC12705c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
              SUBCHAPTER I--GENERAL PROVISIONS AND POLICIES
 
Sec. 12705c. Grants for regulatory barrier removal strategies 
        and implementation
        

(a) In general

    The amounts set aside under section 5307 of this title for the 
purpose of this subsection shall be available for grants under 
subsection \1\ (b) and (c) of this section.
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    \1\ So in original. Probably should be ``subsections''.
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(b) State grants

    The Secretary may make grants to States for the costs of developing 
and implementing strategies to remove regulatory barriers to affordable 
housing, including the costs of--
        (1) identifying, assessing, and monitoring State and local 
    regulatory barriers;
        (2) identifying State and local policies (including laws and 
    regulations) that permit or encourage regulatory barriers;
        (3) developing legislation to provide a State program to reduce 
    State and local regulatory barriers and developing a strategy for 
    adoption of such legislation;
        (4) developing model State standards and ordinances to reduce 
    regulatory barriers and assisting in the adoption and use of the 
    standards and ordinances;
        (5) carrying out the simplification and consolidation of State 
    administrative procedures and processes constituting regulatory 
    barriers to affordable housing, including the issuance of permits; 
    and
        (6) providing technical assistance and information to units of 
    general local government for implementation of legislative and 
    administrative reform programs to remove regulatory barriers to 
    affordable housing.

(c) Local grants

    The Secretary may make grants to units of general local government 
for the costs of developing and implementing strategies to remove 
regulatory barriers to affordable housing, including the costs of--
        (1) identifying, assessing, and monitoring local regulatory 
    barriers;
        (2) identifying local policies (including laws and regulations) 
    that permit or encourage regulatory barriers;
        (3) developing legislation to provide a local program to reduce 
    local regulatory barriers and developing a strategy for adoption of 
    such legislation;
        (4) developing model local standards and ordinances to reduce 
    regulatory barriers and assisting in the adoption and use of the 
    standards and ordinances; and
        (5) carrying out the simplification and consolidation of local 
    administrative procedures and processes constituting regulatory 
    barriers to affordable housing, including the issuance of permits.

(d) Definitions

    For purposes of this section, the terms ``regulatory barriers to 
affordable housing'' and ``regulatory barriers'' have the meaning given 
such terms in section 12705b of this title.

(e) Application and selection

    The Secretary shall provide for the form and manner of applications 
for grants under this section, which shall describe how grant amounts 
will assist the State or unit of general local government in developing 
and implementing strategies to remove regulatory barriers to affordable 
housing. The Secretary shall establish criteria for approval of 
applications under this subsection and for the selection of units of 
general local government to receive grants under subsection (f)(2) of 
this section.

(f) Allocation of amounts

                          (1) State grants

        (A) In general

            Of the total amount appropriated for each fiscal year to 
        carry out this subsection, the Secretary shall use two-thirds of 
        such amount to provide grants under subsection (b) of this 
        section to each State submitting an application that is approved 
        by the Secretary. Such amounts shall be allocated among the 
        States based upon the measure of need (for the whole State) of 
        each State, as determined under section 12747(b)(1)(A) of this 
        title (excluding adjustments under section 12747(b)(1)(D) of 
        this title), except that the minimum grant amount for each 
        fiscal year grant shall be $100,000 (to the extent sufficient 
        amounts are made available).

        (B) Pro rata distribution

            If insufficient amounts are made available for grants in the 
        amount under subparagraph (A) to each State submitting an 
        approved application, each such State shall receive a pro rata 
        portion of such amount based on the ratio of the population of 
        such State to the population of all States.

                          (2) Local grants

        Of the total amount appropriated for each fiscal year to carry 
    out this section, the Secretary shall use one-third of such amount 
    to provide grants on a competitive basis to units of general local 
    government based on the proposed uses of such amounts, as provided 
    in the application. Each grant made with such amounts shall be in an 
    amount not less than $10,000.

(g) Coordination with clearinghouse

    Each State and unit of general local government receiving a grant 
under this section, shall consult, coordinate, and exchange information 
with the clearinghouse established under section 12705d of this title.

(h) Reports to Secretary

    Each State and unit of general local government receiving a grant 
under this section shall submit a report to the Secretary, not less than 
12 months after receiving the grant, describing any activities carried 
out with the grant amounts. The report shall contain an assessment of 
the impact of any regulatory barriers identified by the grantee on the 
housing patterns of minorities.

(Pub. L. 102-550, title XII, Sec. 1204, Oct. 28, 1992, 106 Stat. 3938.)

                          Codification

    Section was enacted as part of the Removal of Regulatory Barriers to 
Affordable Housing Act of 1992, and also as part of the Housing and 
Community Development Act of 1992, and not as part of the Cranston-
Gonzalez National Affordable Housing Act which comprises this chapter.
    Section is comprised of section 1204 of Pub. L. 102-550. Subsection 
(i) of section 1204 of Pub. L. 102-550 amended section 5306 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12705a, 12705b of this 
title.
