
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1439]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 1439. Local housing assistance plan


(a) Applicability of approved plan to housing assistance application; 
        procedure upon receipt of application by Secretary of Housing 
        and Urban Development; definitions

    (1) The Secretary of Housing and Urban Development, upon receiving 
an application for housing assistance under the United States Housing 
Act of 1937 [42 U.S.C. 1437 et seq.],\1\ section 101 of the Housing and 
Urban Development Act of 1965 [12 U.S.C. 1701s], or,\2\ if the unit of 
general local government in which the proposed assistance is to be 
provided has an approved housing assistance plan, shall--
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    \1\ So in original. The comma probably should be ``or''.
    \2\ So in original. The word ``or'' and the comma probably should 
not appear.
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        (A) not later than ten days after receipt of the application, 
    notify the chief executive officer of such unit of general local 
    government that such application is under consideration; and
        (B) afford such unit of general local government the 
    opportunity, during the thirty-day period beginning on the date of 
    such notification, to object to the approval of the application on 
    the grounds that the application is inconsistent with its housing 
    assistance plan.

Upon receiving an application for such housing assistance, the Secretary 
shall assure that funds made available under this section shall be 
utilized to the maximum extent practicable to meet the needs and goals 
identified in the unit of local government's housing assistance plan.
    (2) If the unit of general local government objects to the 
application on the grounds that it is inconsistent with its housing 
assistance plan, the Secretary may not approve the application unless he 
determines that the application is consistent with such housing 
assistance plan. If the Secretary determines, that such application is 
consistent with the housing assistance plan, he shall notify the chief 
executive officer of the unit of general local government of his 
determination and the reasons therefor in writing. If the Secretary 
concurs with the objection of the unit of local government, he shall 
notify the applicant stating the reasons therefor in writing.
    (3) If the Secretary does not receive an objection by the close of 
the period referred to in paragraph (1)(B), he may approve the 
application unless he finds it inconsistent with the housing assistance 
plan. If the Secretary determines that an application is inconsistent 
with a housing assistance plan, he shall notify the applicant stating 
the reasons therefor in writing.
    (4) The Secretary shall make the determinations referred to in 
paragraphs (2) and (3) within thirty days after he receives an objection 
pursuant to paragraph (1)(B) or within thirty days after the close of 
the period referred to in paragraph (1)(B), whichever is earlier.
    (5) As used in this section, the term ``housing assistance plan'' 
means a housing assistance plan submitted and approved under section 
5304 of this title or, in the case of a unit of general local government 
not participating under title I of this Act [42 U.S.C. 5301 et seq.], a 
housing plan approved by the Secretary as meeting the requirements of 
this section. In developing a housing assistance plan under this 
paragraph a unit of general local government shall consult with local 
public agencies involved in providing for the welfare of children to 
determine the housing needs of (A) families identified by the agencies 
as having a lack of adequate housing that is a primary factor in the 
imminent placement of a child in foster care or in preventing the 
discharge of a child from foster care and reunification with his or her 
family; and (B) children who, upon discharge of the child from foster 
care, cannot return to their family or extended family and for which 
adoption is not available. The unit of general local government shall 
include in the housing assistance plan needs and goals with respect to 
such families and children.

(b) Housing assistance applications subject to procedures

    The provisions of subsection (a) of this section shall not apply 
to--
        (1) applications for assistance involving 12 or fewer units in a 
    single project or development;
        (2) applications for assistance with respect to housing in new 
    community developments approved under title IV of the Housing and 
    Urban Development Act of 1968 [42 U.S.C. 3901 et seq.] or title VII 
    of the Housing and Urban Development Act of 1970 [42 U.S.C. 4501 et 
    seq.] which the Secretary determines are necessary to meet the 
    housing requirements under such title; or
        (3) applications for assistance with respect to housing financed 
    by loans or loan guarantees from a State or agency thereof, except 
    that the provisions of subsection (a) of this section shall apply 
    where the unit of general local government in which the assistance 
    is to be provided objects in its housing assistance plan to the 
    exemption provided by this paragraph.

(c) Repealed. Pub. L. 105-276, title V, Sec. 551(1), Oct. 21, 1998, 112 
        Stat. 2610

(d) Allocation and reservation of housing assistance funds; purposes; 
        prohibited reallocation of unutilized funds; enumerated uses for 
        retained funds; competition for reservation and obligation of 
        funds

    (1)(A)(i) Except as provided by subparagraph (B), the Secretary 
shall allocate assistance referred to in subsection (a)(1) of this 
section the first time it is available for reservation on the basis of a 
formula that is contained in a regulation prescribed by the Secretary, 
and that is based on the relative needs of different States, areas, and 
communities, as reflected in data as to population, poverty, housing 
overcrowding, housing vacancies, amount of substandard housing, and 
other objectively measurable conditions specified in the regulation. The 
Secretary may allocate assistance under the preceding sentence in such a 
manner that each State shall receive not less than one-half of one 
percent of the amount of funds available for each program referred to in 
subsection (a)(1) of this section in each fiscal year. In allocating 
assistance under this paragraph for each program of housing assistance 
under subsection (a)(1) of this section, the Secretary shall apply the 
formula, to the extent practicable, in a manner so that the assistance 
under the program is allocated according to the particular relative 
needs under the preceding sentence that are characteristic of and 
related to the particular type of assistance provided under the program. 
Assistance under section 202 of the Housing Act of 1959 [12 U.S.C. 
1701q] shall be allocated in a manner that ensures that awards of the 
assistance under such section are made for projects of sufficient size 
to accommodate facilities for supportive services appropriate to the 
needs of frail elderly residents. The preceding sentence shall not apply 
to projects acquired from the Resolution Trust Corporation under section 
1441a(c) of title 12. Amounts for tenant-based assistance under section 
8(o) of the United States Housing Act of 1937 [42 U.S.C. 1437f(o)] may 
not be provided to any public housing agency that has been disqualified 
from providing such assistance.
    (ii) Assistance under section 8(o) of the United States Housing Act 
of 1937 [42 U.S.C. 1437f(o)] shall be allocated in a manner that enables 
participating jurisdictions to carry out, to the maximum extent 
practicable, comprehensive housing affordability strategies approved in 
accordance with section 105 of the Cranston-Gonzalez National Affordable 
Housing Act [42 U.S.C. 12705]. Such jurisdictions shall submit 
recommendations for allocating assistance under such section 8(o) to the 
Secretary in accordance with procedures that the Secretary determines to 
be appropriate to permit allocations of such assistance to be made on 
the basis of timely and complete information. This clause may not be 
construed to prevent, alter, or otherwise affect the application of the 
formula established pursuant to clause (i) for purposes of allocating 
such assistance. For purposes of this clause, the term ``participating 
jurisdiction'' means a State or unit of general local government 
designated by the Secretary to be a participating jurisdiction under 
title II of the Cranston-Gonzalez National Affordable Housing Act [42 
U.S.C. 12721 et seq.].
    (B) The formula allocation requirements of subparagraph (A) shall 
not apply to--
        (i) assistance that is approved in appropriation Acts for use 
    under sections \3\ 9 [42 U.S.C. 1437g], or the rental rehabilitation 
    grant program under section 17,\4\ of the United States Housing Act 
    of 1937, except that the Secretary shall comply with section 102 of 
    the Department of Housing and Urban Development Reform Act of 1989 
    [42 U.S.C. 3545] with respect to such assistance; or
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    \3\ So in original. Probably should be ``section''.
    \4\ See References in Text note below.
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        (ii) other assistance referred to in subsection (a) of this 
    section that is approved in appropriation Acts for uses that the 
    Secretary determines are incapable of geographic allocation, 
    including amendments of existing contracts, renewal of assistance 
    contracts, assistance to families that would otherwise lose 
    assistance due to the decision of the project owner to prepay the 
    project mortgage or not to renew the assistance contract, assistance 
    to prevent displacement or to provide replacement housing in 
    connection with the demolition or disposition of public housing, and 
    assistance in support of the property disposition and loan 
    management functions of the Secretary.

    (C) Any allocation of assistance under subparagraph (A) shall, as 
determined by the Secretary, be made to the smallest practicable area, 
consistent with the delivery of assistance through a meaningful 
competitive process designed to serve areas with greater needs.
    (D) Any amounts allocated to a State or areas or communities within 
a State that are not likely to be used within a fiscal year shall not be 
reallocated for use in another State, unless the Secretary determines 
that other areas or communities (that are eligible for assistance under 
the program) within the same State cannot use the amounts within that 
same fiscal year.
    (2) The Secretary may reserve such housing assistance funds as he 
deems appropriate for use by a State or agency thereof.
    (3)(A) Notwithstanding any other provision of law, with respect to 
fiscal years beginning after September 30, 1990, the Secretary may 
retain not more than 5 percent of the financial assistance that becomes 
available under programs described in subsection (a)(1) of this section 
during any fiscal year. Any such financial assistance that is retained 
shall be available for subsequent allocation to specific areas and 
communities, and may only be used for--
        (i) unforeseen housing needs resulting from natural and other 
    disasters;
        (ii) housing needs resulting from emergencies, as certified by 
    the Secretary, other than such disasters;
        (iii) housing needs resulting from the settlement of litigation; 
    and
        (iv) housing in support of desegregation efforts.

    (B) Any amounts retained in any fiscal year under subparagraph (A) 
that are unexpended at the end of such fiscal year shall remain 
available for the following fiscal year under the program under 
subsection (a)(1) of this section from which the amount was retained. 
Such amounts shall be allocated on the basis of the formula under 
subsection (d)(1) of this section.
    (4)(A) The Secretary shall not reserve or obligate assistance 
subject to allocation under paragraph (1)(A) to specific recipients, 
unless the assistance is first allocated on the basis of the formula 
contained in that paragraph and then is reserved and obligated pursuant 
to a competition.
    (B) Any competition referred to in subparagraph (A) shall be 
conducted pursuant to specific criteria for the selection of recipients 
of assistance. The criteria shall be contained in--
        (i) a regulation promulgated by the Secretary after notice and 
    public comment; or
        (ii) to the extent authorized by law, a notice published in the 
    Federal Register.

    (C) Subject to the times at which appropriations for assistance 
subject to paragraph (1)(A) may become available for reservation in any 
fiscal year, the Secretary shall take such steps as the Secretary deems 
appropriate to ensure that, to the maximum extent practicable, the 
process referred to in subparagraph (A) is carried out with similar 
frequency and at similar times for each fiscal year.
    (D) This paragraph shall not apply to assistance referred to in 
paragraph (4).\4\

(e) Assistance payments for properties in Jefferson County, Texas

    From budget authority made available in appropriation Acts for 
fiscal year 1988, the Secretary shall enter into an annual contributions 
contract for a term of 180 months to obligate sufficient funds to 
provide assistance payments pursuant to section 8(b)(1) of the United 
States Housing Act of 1937 [42 U.S.C. 1437f(b)(1)] on behalf of 500 
lower income families from budget authority made available for fiscal 
year 1988, so long as such families occupy properties in Jefferson 
County, Texas. If a lower income family receiving assistance payments 
pursuant to this subsection ceases to qualify for assistance payments 
pursuant to the provisions of section 8 of such Act [42 U.S.C. 1437f] or 
of this subsection during the 180-month term of the annual contributions 
contract, assistance payments shall be made on behalf of another lower 
income family who occupies a unit identified in the previous sentence.

(Pub. L. 93-383, title II, Sec. 213, Aug. 22, 1974, 88 Stat. 674; Pub. 
L. 95-128, title II, Sec. 207, Oct. 12, 1977, 91 Stat. 1130; Pub. L. 96-
153, title II, Sec. 204, Dec. 21, 1979, 93 Stat. 1108; Pub. L. 96-399, 
title II, Sec. 202(d), Oct. 8, 1980, 94 Stat. 1629; Pub. L. 97-35, title 
III, Sec. 321(e), Aug. 13, 1981, 95 Stat. 399; Pub. L. 98-181, title II, 
Sec. 201(a)(1), (2), Nov. 30, 1983, 97 Stat. 1175; Pub. L. 98-479, title 
I, Sec. 102(e), Oct. 17, 1984, 98 Stat. 2222; Pub. L. 100-242, title V, 
Sec. 522(a), Feb. 5, 1988, 101 Stat. 1938; Pub. L. 101-235, title I, 
Secs. 101(a)-(c), (e), 104(a), Dec. 15, 1989, 103 Stat. 1988-1990, 1998; 
Pub. L. 101-494, Sec. 5, Oct. 31, 1990, 104 Stat. 1186; Pub. L. 101-625, 
title V, Secs. 556, 576, title VIII, Secs. 801(b), 804(e), Nov. 28, 
1990, 104 Stat. 4233, 4238, 4303, 4323; Pub. L. 102-389, title II, Oct. 
6, 1992, 106 Stat. 1591; Pub. L. 102-550, title I, Sec. 154, Oct. 28, 
1992, 106 Stat. 3718; Pub. L. 104-330, title V, Sec. 501(d)(3), Oct. 26, 
1996, 110 Stat. 4043; Pub. L. 105-276, title V, Secs. 522(b)(2), 551, 
Oct. 21, 1998, 112 Stat. 2564, 2610.)

                       References in Text

    The United States Housing Act of 1937, referred to in subsec. 
(a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, 
which is classified generally to this chapter (Sec. 1437 et seq.).
    Section 17 of the United States Housing Act of 1937, referred to in 
subsec. (d)(1)(B)(i), which was classified to section 1437o of this 
title, was repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 
1990, 104 Stat. 4128. For complete classification of this Act to the 
Code, see Short Title note under section 1437 of this title and Tables.
    Section 101 of the Housing and Urban Development Act of 1965, 
referred to in subsec. (a)(1), is section 101 of Pub. L. 89-117, Aug. 
10, 1965, 79 Stat. 451, as amended, which enacted section 1701s of Title 
12, Banks and Banking, and amended sections 1451 and 1465 of this title.
    This Act, referred to in subsec. (a)(5), is Pub. L. 93-383, Aug. 22, 
1974, 88 Stat. 633, as amended, known as the Housing and Community 
Development Act of 1974. Title I of the Housing and Community 
Development Act of 1974 is classified principally to chapter 69 
(Sec. 5301 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5301 of this 
title and Tables.
    The Housing and Urban Development Act of 1968, referred to in 
subsec. (b)(2), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as 
amended. Title IV of the Housing and Urban Development Act of 1968 which 
was classified principally to chapter 48 (Sec. 3901 et seq.) of this 
title, was omitted from the Code pursuant to section 4528 of this title, 
which terminated the authority to guarantee bonds, debentures, notes, or 
other obligations under such title IV, after Dec. 31, 1970. 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 and Urban Development Act of 1970, referred to in 
subsec. (b)(2), is Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1770, as 
amended. Title VII of the Housing and Urban Development Act of 1970, 
known as the Urban Growth and New Community Development Act of 1970, is 
classified principally to chapter 59 (Sec. 4501 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title of 
1970 Amendment note set out under section 1701 of Title 12.
    The Cranston-Gonzalez National Affordable Housing Act, referred to 
in subsec. (d)(1)(A)(ii), is Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 
4079. Title II of the Act, known as the ``HOME Investments Partnership 
Act'', is classified principally to subchapter II (Sec. 12721 et seq.) 
of chapter 130 of this title. For complete classification of this Act to 
the Code, see Short Title note set out under section 12701 of this title 
and Tables.
    Paragraph (4), referred to in subsec. (d)(4)(D), was redesignated 
paragraph (3) of subsec. (d) by Pub. L. 105-276, title V, 
Sec. 551(2)(C), Oct. 21, 1998, 112 Stat. 2610.

                          Codification

    Section was enacted as part of the Housing and Community Development 
Act of 1974, and not as part of the United States Housing Act of 1937 
which comprises this chapter.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-276, Sec. 551(1), struck out subsec. 
(c) which read as follows: ``For areas in which an approved local 
housing assistance plan is not applicable the Secretary shall not 
approve an application for housing assistance unless he determines that 
there is a need for such assistance, taking into consideration any 
applicable State housing plans, and that there is or will be available 
in the area public facilities and services adequate to serve the housing 
proposed to be assisted. The Secretary shall afford the unit of general 
local government in which the assistance is to be provided an 
opportunity, during a 30-day period following receipt of an application 
by him, to provide comments or information relevant to the determination 
required to be made by the Secretary under this subsection.''
    Subsec. (d)(1)(A)(i). Pub. L. 105-276, Sec. 551(2)(A)(i), inserted 
at end ``Amounts for tenant-based assistance under section 8(o) of the 
United States Housing Act of 1937 may not be provided to any public 
housing agency that has been disqualified from providing such 
assistance.''
    Subsec. (d)(1)(A)(ii). Pub. L. 105-276, Sec. 551(2)(A)(ii), 
substituted ``8(o)'' for ``8(b)(1)'' in two places.
    Subsec. (d)(1)(B)(i). Pub. L. 105-276, Sec. 522(b)(2), which 
directed the amendment of subsec. (d)(1)(B)(ii), by striking out ``or 
14'', was executed by striking out ``or 14'' after ``9'' in subsec. 
(d)(1)(B)(i) to reflect the probable intent of Congress.
    Subsec. (d)(2) to (5). Pub. L. 105-276, Sec. 551(2)(B), (C), 
redesignated pars. (3) to (5) as (2) to (4), respectively, and struck 
out former par. (2) which read as follows: ``Not later than sixty days 
after approval in an appropriation Act, the Secretary shall allocate 
from the amounts available for use in nonmetropolitan areas an amount of 
authority for assistance under section 8(d) of the United States Housing 
Act of 1937 determined in consultation with the Secretary of Agriculture 
for use in connection with section 1490m of this title during the fiscal 
year for which such authority is approved. The amount of assistance 
allocated to nonmetropolitan areas pursuant to this section in any 
fiscal year shall not be less than 20 nor more than 25 per centum of the 
total amount of the assistance that is subject to allocation under 
paragraph (1)(A).''
    1996--Subsec. (d)(1)(B)(ii). Pub. L. 104-330 substituted ``public 
housing'' for ``public and Indian housing''.
    1992--Subsec. (e). Pub. L. 102-389 and Pub. L. 102-550 amended 
subsec. (e) identically, substituting ``Jefferson County, Texas'' for 
``the Park Central New Community Project or in adjacent areas that are 
recognized by the unit of general local government in which such Project 
is located as being included within the Park Central New Town In Town 
Project''.
    1990--Subsec. (a)(1). Pub. L. 101-625, Sec. 801(b), struck out 
``section 202 of the Housing Act of 1959'' before ``, if the unit''.
    Subsec. (a)(5). Pub. L. 101-625, Sec. 576, inserted at end ``In 
developing a housing assistance plan under this paragraph a unit of 
general local government shall consult with local public agencies 
involved in providing for the welfare of children to determine the 
housing needs of (A) families identified by the agencies as having a 
lack of adequate housing that is a primary factor in the imminent 
placement of a child in foster care or in preventing the discharge of a 
child from foster care and reunification with his or her family; and (B) 
children who, upon discharge of the child from foster care, cannot 
return to their family or extended family and for which adoption is not 
available. The unit of general local government shall include in the 
housing assistance plan needs and goals with respect to such families 
and children.''
    Subsec. (d)(1)(A). Pub. L. 101-625, Sec. 556, designated existing 
provisions as cl. (i) and added cl. (ii).
    Pub. L. 101-494 inserted after first sentence ``The Secretary may 
allocate assistance under the preceding sentence in such a manner that 
each State shall receive not less than one-half of one percent of the 
amount of funds available for each program referred to in subsection 
(a)(1) of this section in each fiscal year.''
    Subsec. (d)(1)(A)(i). Pub. L. 101-625, Sec. 804(e), which directed 
amendment of subpar. (A) by inserting after the period at end ``The 
preceding sentence shall not apply to projects acquired from the 
Resolution Trust Corporation under section 1441a(c) of title 12.'', was 
executed by making the insertion after the period at end of cl. (i), to 
reflect the probable intent of Congress and the intervening amendment by 
Pub. L. 101-625, Sec. 556. See above.
    1989--Subsec. (a)(1). Pub. L. 101-235, Sec. 101(e), struck out 
``section 235 or 236 of the National Housing Act,'' before ``section 101 
of the Housing and Urban Development Act of 1965''.
    Subsec. (d)(1). Pub. L. 101-235, Sec. 101(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The Secretary 
shall allocate assistance referred to in subsection (a) of this section 
(other than assistance approved in appropriation Acts for use under 
sections 9, 14, and 17 of the United States Housing Act of 1937) the 
first time it is available for reservation on the basis of a formula 
which is contained in a regulation prescribed by the Secretary, and 
which is based on the relative needs of different States, areas, and 
communities as reflected in data as to population, poverty, housing 
overcrowding, housing vacancies, amount of substandard housing, and 
other objectively measurable conditions specified in such regulation. 
Any amounts allocated to a State or areas or communities within a State 
which are not likely to be utilized within a fiscal year shall not be 
reallocated for use in another State unless the Secretary determines 
that other areas or communities within the same State cannot utilize the 
amounts within that same fiscal year.''
    Subsec. (d)(2). Pub. L. 101-235, Sec. 101(b), substituted ``of the 
assistance that is subject to allocation under paragraph (1)(A)'' for 
``of such assistance''.
    Subsec. (d)(4). Pub. L. 101-235, Sec. 104(a), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: 
``Notwithstanding any other provision of law, with respect to fiscal 
years beginning after September 30, 1981, the Secretary of Housing and 
Urban Development may not retain more than 15 per centum of the 
financial assistance which becomes available under programs described in 
subsection (a)(1) of this section during any fiscal year. Any such 
financial assistance which is retained shall be available for subsequent 
allocation to specific areas and communities, and may only be used for--
        ``(A) unforeseeable housing needs, especially those brought on 
    by natural disasters or special relocation requirements;
        ``(B) support for the needs of the handicapped or for minority 
    enterprise;
        ``(C) providing for assisted housing as a result of the 
    settlement of litigation;
        ``(D) small research and demonstration projects;
        ``(E) lower-income housing needs described in housing assistance 
    plans, including activities carried out under areawide housing 
    opportunity plans; and
        ``(F) innovative housing programs or alternative methods for 
    meeting lower-income housing needs approved by the Secretary, 
    including assistance for infrastructure in connection with the 
    Indian Housing Program.''
    Subsec. (d)(5). Pub. L. 101-235, Sec. 101(c), added par. (5).
    1988--Subsec. (e). Pub. L. 100-242 added subsec. (e).
    1984--Subsec. (d)(2). Pub. L. 98-479 substituted ``section 1490m of 
this title'' for ``section 1490l of this title''.
    1983--Subsec. (a)(1). Pub. L. 98-181, Sec. 201(a)(1), inserted 
provision following subpar. (B) requiring that funds be utilized to meet 
the needs and goals identified in the unit of local government's housing 
assistance plan.
    Subsec. (d)(1). Pub. L. 98-181, Sec. 201(a)(2), amended par. (1) 
generally, inserting provision respecting assistance approved in 
appropriation Acts for sections 9 and 17 of the United States Housing 
Act of 1937 uses, requiring allocation of assistance to be based on a 
formula contained in a regulation, making the relative needs provision 
applicable to different States, striking out requirement that Secretary 
assure, in carrying out national housing and community development 
objectives, that funds available for housing assistance programs be 
allocated or reserved in accordance with goals described in approved 
housing assistance plans, and striking out provision respecting 
allocation of funds for nonmetropolitan areas, which was reenacted as 
last sentence of par. (2).
    Subsec. (d)(2). Pub. L. 98-181, Sec. 201(a)(2), amended par. (2) 
generally, inserting provision respecting allocation of nonmetropolitan 
area funds for use in connection with section 1490l of this title; 
reenacting as second sentence provision respecting amount of funds 
allocated for nonmetropolitan areas, which formerly constituted last 
sentence of par. (1); and striking out former provision respecting 
reservation of housing assistance funds for new community developments 
approved under title IV of the Housing and Urban Development Act of 1968 
and title VII of the Housing and Urban Development Act of 1970 for 
persons of low- and moderate-income.
    1981--Subsec. (d)(4). Pub. L. 97-35 added par. (4).
    1980--Subsec. (d)(1). Pub. L. 96-399 substituted ``carrying out 
section 14 of such Act'' for ``modernization of low-income housing 
projects''.
    1979--Subsec. (d)(1). Pub. L. 96-153 inserted provisions limiting 
allocation of assistance other than that approved in appropriation acts 
for use on and after Oct. 1, 1979 for modernization of low-income 
housing projects and inserted provision that any amounts allocated to a 
State or to areas or communities within a State which are not likely to 
be utilized within a fiscal year shall not be reallocated for use in 
another State unless the Secretary determines that other areas or 
communities within the same State cannot utilize the amounts in 
accordance with the appropriate housing assistance plans within that 
fiscal year.
    1977--Subsec. (d)(1). Pub. L. 95-128 inserted provision requiring 
the Secretary to assure that funds available for subsec. (a) housing 
assistance programs shall be allocated or reserved in accordance with 
goals described in local, State, or other housing assistance plans 
approved by the Secretary pursuant to section 5304 of this title and 
shall be utilized to meet needs reflected in data referred to in the 
preceding sentence.


                    Effective Date of 1998 Amendment

    Amendment by title V of Pub. L. 105-276 effective and applicable 
beginning upon Oct. 1, 1999, except as otherwise provided, with 
provision that Secretary may implement amendment before such date, 
except to extent that such amendment provides otherwise, and with 
savings provision, see section 503 of Pub. L. 105-276, set out as a note 
under section 1437 of this title.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.


                    Effective Date of 1990 Amendment

    Amendment by section 801(b) of Pub. L. 101-625 effective Oct. 1, 
1991, with respect to projects approved on or after such date, and 
subject to issuance of regulations, see section 801(c) of Pub. L. 101-
625, set out as a note under section 1701q of Title 12, Banks and 
Banking.
    Amendment by section 801(b) of Pub. L. 101-625 deemed enacted Nov. 
5, 1990, see title II of Pub. L. 101-507, set out as a note under 
section 1701q of Title 12.


                    Effective Date of 1989 Amendment

    Section 104(b) of Pub. L. 101-235 provided that: ``Any assistance 
made available under section 213(d)(4) of the Housing and Community 
Development Act of 1974 [42 U.S.C. 1439(d)(4)] before October 1, 1990, 
or pursuant to a commitment for such assistance entered into before such 
date, shall be governed by the provisions of section 213(d)(4) as such 
section existed before the date of the enactment of this Act [Dec. 15, 
1989].''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437u, 3545 of this title; 
title 12 section 1715z.
