
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 102(f)]
[CITE: 42USC5307]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 69--COMMUNITY DEVELOPMENT
 
Sec. 5307. Special purpose grants


(a) Set-aside

                           (1) In general

        For each fiscal year (except as otherwise provided in this 
    paragraph), of the total amount provided in appropriation Acts under 
    section 5303 of this title for the fiscal year, $60,000,000 shall be 
    set aside for grants under subsection (b) of this section for such 
    year for the following purposes:
            (A) $7,000,000 shall be available for grants under 
        subsection (b)(1) of this section;
            (B) $6,500,000 shall be available for grants under 
        subsection (b)(3) of this section;
            (C) $6,000,000 shall be available for grants under 
        subsection (b)(5) of this section;
            (D) $6,000,000 shall be available in fiscal year 1993 for 
        grants under subsection (b)(7) of this section;
            (E) $3,000,000 shall be available for grants under 
        subsection (c) of this section;
            (F) such sums as may be necessary shall be available for 
        grants under paragraphs (2), (4), and (6) of subsection (b) of 
        this section;
            (G) $2,000,000 shall be available in fiscal year 1993 for a 
        grant to the City of Bridgeport, Connecticut, subject to the 
        approval of sufficient amounts in an appropriation Act and to 
        binding commitments made by the City of Bridgeport and the State 
        of Connecticut that the city and State, respectively, will 
        supplement such amount with $2,000,000 of additional funds;
            (H) $15,000,000 shall be available for grants under the 
        Removal of Regulatory Barriers to Affordable Housing Act of 
        1992; and
            (I) $7,500,000 shall be available to carry out the Community 
        Outreach Partnership Act of 1992.

                       (2) Treatment of grants

        Any grants made under this section shall be in addition to any 
    other grants that may be made under this chapter to the same 
    entities for the same purposes.

(b) Permissible uses of funds

    From amounts set aside under subsection (a) of this section, the 
Secretary is authorized to make grants--
        (1) in Guam, the Virgin Islands, American Samoa, the Northern 
    Mariana Islands, and the Trust Territory of the Pacific Islands;
        (2) to States and units of general local government for the 
    purpose of allocating amounts to any such State or unit of general 
    local government that is determined by the Secretary to have 
    received insufficient amounts under section 5306 of this title as a 
    result of a miscalculation of its share of funds under such section;
        (3) to historically Black colleges;
        (4) to States, units of general local government, Indian tribes, 
    or areawide planning organizations for the purpose of providing 
    technical assistance in planning, developing, and administering 
    assistance under this chapter and section 1706e \1\ of title 12; to 
    groups designated by such governmental units to assist them in 
    carrying out assistance under this chapter; to qualified groups for 
    the purpose of assisting more than one such governmental unit to 
    carry out assistance under this chapter; the Secretary may also 
    provide technical assistance, directly or through contracts, to such 
    governmental units and groups; for purposes of this paragraph the 
    term ``technical assistance'' means the facilitating of skills and 
    knowledge in planning, developing, and administering activities 
    under this chapter in entities that may need but do not possess such 
    skills and knowledge, and includes assessing programs and activities 
    under this chapter; except that any recipient of a grant under this 
    paragraph that provides technical assistance pursuant to this 
    paragraph shall provide for the notification of the availability of 
    such assistance and shall have specific criteria for selection of 
    recipients of such assistance that are published and publicly 
    available;
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    \1\ See References in Text note below.
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        (5) to States and units of general local government and 
    institutions of higher education having a demonstrated capacity to 
    carry out eligible activities under this chapter, except that the 
    Secretary may make a grant under this paragraph only to a State or 
    unit of general local government that jointly, with an institution 
    of higher education, has prepared and submitted to the Secretary an 
    application for such grant, as the Secretary shall by regulation 
    require;
        (6) to units of general local government in nonentitlement areas 
    for planning community adjustments and economic diversification 
    activities, which may include any eligible activities under section 
    5305 of this title, required--
            (A) by the proposed or actual establishment, realignment, or 
        closure of a military installation,
            (B) by the cancellation or termination of a Department of 
        Defense contract or the failure to proceed with an approved 
        major weapon system program, or
            (C) by a publicly announced planned major reduction in 
        Department of Defense spending that would directly and adversely 
        affect a unit of general local government and will result in the 
        loss of 1,000 or more full-time Department of Defense and 
        contractor employee positions over a 5-year period in the unit 
        of general local government and the surrounding area, or

    if the Secretary (in consultation with the Secretary of Defense) 
    determines that an action described in subparagraph (A), (B), or (C) 
    is likely to have a direct and significant adverse consequence on 
    the unit of general local government; and
        (7) for the purposes of rebuilding and revitalizing distressed 
    areas of the Los Angeles metropolitan area.

(c) Assistance to economically disadvantaged and minority students 
        participating in community development work study programs

    Of the amount set aside for use under subsection (b) of this section 
in any fiscal year, the Secretary shall,\2\ make grants to institutions 
of higher education, either directly or through areawide planning 
organizations or States, for the purpose of providing assistance to 
economically disadvantaged and minority students who participate in 
community development work study programs and are enrolled in full-time 
graduate or undergraduate programs in community and economic 
development, community planning, or community management.
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    \2\ So in original. The comma probably should not appear.
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(d) Continued availability of unused funds

    Amounts set aside for use under subsection (b) of this section in 
any fiscal year but not used in that year shall remain available for use 
in subsequent fiscal years in accordance with the provisions of that 
subsection.

(e) Satisfactory assurances required, special assurances required of 
        Indian tribes

    (1) Except as provided in paragraph (2), no grant may be made under 
this section or section 5318 of this title and no assistance may be made 
available under section 1437o \3\ of this title unless the grantee 
provides satisfactory assurances that its program will be conducted and 
administered in conformity with the Civil Rights Act of 1964 [42 U.S.C. 
2000a et seq.] and the Fair Housing Act [42 U.S.C. 3601 et seq.].
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    \3\ See References in Text note below.
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    (2) No grant may be made to an Indian tribe under this section, 
section 5306(a)(1) of this title, or section 5318 of this title unless 
the applicant provides satisfactory assurances that its program will be 
conducted and administered in conformity with title II of Public Law 90-
284 [25 U.S.C. 1301 et seq.]. The Secretary may waive, in connection 
with grants to Indian tribes, the provisions of section 5309 of this 
title and section 5310 of this title.
    (3) The Secretary may accept a certification from the grantee or 
applicant that it has complied with the requirements of paragraph (1) or 
(2), as appropriate.

(f) Criteria for selection of recipients

    Any grant made under this section shall be made pursuant to criteria 
for selection of recipients of such grants that the Secretary shall by 
regulation establish and which the Secretary shall publish together with 
any notification of availability of amounts under this section.

(Pub. L. 93-383, title I, Sec. 107, Aug. 22, 1974, 88 Stat. 647; Pub. L. 
94-375, Sec. 15(c), Aug. 3, 1976, 90 Stat. 1076; Pub. L. 95-128, title 
I, Sec. 107, Oct. 12, 1977, 91 Stat. 1123; Pub. L. 95-557, title I, 
Sec. 103(f), Oct. 31, 1978, 92 Stat. 2084; Pub. L. 96-399, title I, 
Secs. 107, 117(b), Oct. 8, 1980, 94 Stat. 1618, 1624; Pub. L. 97-35, 
title III, Sec. 305, Aug. 13, 1981, 95 Stat. 391; Pub. L. 98-181, title 
I, Sec. 107, title III, Sec. 302(b), Nov. 30, 1983, 97 Stat. 1167, 1206; 
Pub. L. 100-242, title V, Secs. 501(b), 517(b)(2), 522(b), Feb. 5, 1988, 
101 Stat. 1922, 1936, 1939; Pub. L. 101-235, title I, Sec. 105(a)-(c), 
(e), Dec. 15, 1989, 103 Stat. 1998, 1999; Pub. L. 101-625, title IX, 
Secs. 901(c), 913(c), Nov. 28, 1990, 104 Stat. 4385, 4393; Pub. L. 102-
550, title VIII, Secs. 801(c)(1), (2), (4), 808, Oct. 28, 1992, 106 
Stat. 3843-3845, 3850.)

                       References in Text

    The Removal of Regulatory Barriers to Affordable Housing Act of 
1992, referred to in subsec. (a)(1)(H), is title XII of Pub. L. 102-550, 
Oct. 28, 1992, 106 Stat. 3938, which enacted sections 12705a to 12705d 
of this title, amended sections 5306 and 12705 of this title, and 
enacted provisions set out as notes under section 12705a of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 12705a of this title and Tables.
    The Community Outreach Partnership Act of 1992, referred to in 
subsec. (a)(1)(I), is section 851 of Pub. L. 102-550, which is set out 
below.
    Section 1706e of title 12, referred to in subsec. (b)(4), was 
repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990, 104 
Stat. 4128.
    Section 1437o of this title, referred to in subsec. (e)(1), was 
repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990, 104 
Stat. 4128.
    The Civil Rights Act of 1964, referred to in subsec. (e)(1), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended, which is classified 
principally to subchapters II to IX (Sec. 2000a et seq.) of chapter 21 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 2000a of this title and Tables.
    The Fair Housing Act, referred to in subsec. (e)(1), is title VIII 
of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I (Sec. 3601 et seq.) of chapter 45 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 3601 of this title and Tables.
    Public Law 90-284, referred to in subsec. (e)(2), is Pub. L. 90-284, 
Apr. 11, 1968, 82 Stat. 73, as amended, known as the Civil Rights Act of 
1968. Title II of Pub. L. 90-284 is classified generally to subchapter I 
(Sec. 1301 et seq.) of chapter 15 of Title 25, Indians. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3601 of this title and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-550, Sec. 801(c)(1), added heading 
and subsec. (a) and struck out former subsec. (a) which read as follows: 
``Of the total amount provided in appropriation Acts under section 5303 
of this title for fiscal years 1988 and 1989, $60,000,000 may be set 
aside in each year for grants under subsection (b) of this section. 
Grants under this section are in addition to any other grants which may 
be made under this chapter to the same entities for the same purposes.''
    Subsec. (b)(5) to (7). Pub. L. 102-550, Sec. 801(c)(2), added pars. 
(5) to (7).
    Subsec. (c). Pub. L. 102-550, Sec. 801(c)(4), substituted ``make'' 
for ``to the extent approved in appropriation Acts, make available not 
less than $3,000,000 in the form of''.
    Subsec. (e)(1). Pub. L. 102-550, Sec. 808, substituted ``the Civil 
Rights Act of 1964 and the Fair Housing Act'' for ``Public Law 88-352 
and Public Law 90-284''.
    1990--Subsec. (a). Pub. L. 101-625, Sec. 901(c), directed the 
amendment of subsec. (a), which did not contain designated pars., by 
adding par. (3) and redesignating former pars. (3) and (4) as (4) and 
(5), respectively.
    Subsec. (e)(2). Pub. L. 101-625, Sec. 913(c), inserted ``, section 
5306(a)(1) of this title,'' after ``this section''.
    1989--Pub. L. 101-235, Sec. 105(e), substituted ``Special purpose 
grants'' for ``Discretionary fund'' in section catchline.
    Subsec. (a). Pub. L. 101-235, Sec. 105(a), struck out ``in a special 
discretionary fund'' after ``in each year'' and struck out at end ``Of 
the amount set aside for grants under subsection (b) of this section for 
fiscal year 1988, $5,000,000 shall be made available by the Secretary 
for purposes of grants under subsection (b)(1) of this section for the 
Park Central New Community Project.''
    Subsec. (b)(1). Pub. L. 101-235, Sec. 105(b)(1), (3), redesignated 
former par. (2) as (1) and struck out former par. (1) which read as 
follows: ``in behalf of new communities assisted under title VII of the 
Housing and Urban Development Act of 1970 or title IV of the Housing and 
Urban Development Act of 1968 or in behalf of new community projects 
assisted under title X of the National Housing Act which meet the 
eligibility standards set forth in title VII of the Housing and Urban 
Development Act of 1970 and which were the subject of an application or 
preapplication under such title prior to January 14, 1975;''.
    Subsec. (b)(2). Pub. L. 101-235, Sec. 105(b)(3), redesignated par. 
(5) as (2). Former par. (2) redesignated (1).
    Subsec. (b)(3). Pub. L. 101-235, Sec. 105(b)(1), (4), added par. (3) 
and struck out former par. (3) which related to grants to Indian tribes.
    Subsec. (b)(4). Pub. L. 101-235, Sec. 105(b)(5), struck out ``and to 
States and units of general local government for implementing special 
projects otherwise authorized under this chapter; and'' after ``to carry 
out assistance under this chapter;'', and substituted ``for purposes of 
this paragraph the term `technical assistance' means the facilitating of 
skills and knowledge in planning, developing, and administering 
activities under this chapter in entities that may need but do not 
possess such skills and knowledge, and includes assessing programs and 
activities under this chapter; except that any recipient of a grant 
under this paragraph that provides technical assistance pursuant to this 
paragraph shall provide for the notification of the availability of such 
assistance and shall have specific criteria for selection of recipients 
of such assistance that are published and publicly available.'' for 
``and'' after ``such governmental units and groups;''.
    Subsec. (b)(5). Pub. L. 101-235, Sec. 105(b)(3), redesignated par. 
(5) as (2).
    Subsec. (f). Pub. L. 101-235, Sec. 105(c), added subsec. (f).
    1988--Subsec. (a). Pub. L. 100-242, Sec. 522(b), inserted sentence 
at end making $5,000,000 of grant moneys available for the Park Central 
New Community Project.
    Pub. L. 100-242, Sec. 501(b)(1), amended first sentence generally. 
Prior to amendment, first sentence read as follows: ``Of the total 
amount approved in appropriation Acts under section 5303 of this title 
for each of the fiscal years 1984, 1985, and 1986, not more than 
$68,200,000 for each such fiscal year may be set aside in a special 
discretionary fund for grants under subsection (b) of this section.''
    Subsec. (b)(4). Pub. L. 100-242, Sec. 517(b)(2), inserted ``and 
section 1706e of title 12'' before first semicolon.
    Subsecs. (c) to (e). Pub. L. 100-242, Sec. 501(b)(2), added subsec. 
(c) and redesignated former subsecs. (c) and (d) as (d) and (e), 
respectively.
    1983--Subsec. (a). Pub. L. 98-181, Sec. 107(a), substituted 
provisions permitting not more than $68,200,000 for each of fiscal years 
1984, 1985, and 1986 to be set aside in a special discretionary fund for 
grants under subsection (b) of this section, for provisions permitting 
not more than $60,000,000 to be set aside for each of fiscal years 1982 
and 1983 in such a fund.
    Subsec. (b)(4). Pub. L. 98-181, Sec. 107(b), amended par. (4) 
generally, inserting provisions authorizing the Secretary to provide 
assistance to groups designated by certain enumerated governmental units 
to assist in carrying out this chapter, to qualified groups for the 
purpose of assisting more than one such governmental unit and to provide 
technical assistance, directly or through contracts, to such 
governmental units and groups.
    Subsec. (b)(5). Pub. L. 98-181, Sec. 107(c), added par. (5).
    Subsec. (d)(1). Pub. L. 98-181, Sec. 302(b)(1), inserted provisions 
relating to section 1437o of this title, and substituted ``grantee'' for 
``applicant''.
    Subsec. (d)(3). Pub. L. 98-181, Sec. 302(b)(2), inserted ``grantee 
or'' before ``applicant''.
    1981--Subsec. (a). Pub. L. 97-35 substituted provisions relating to 
authorization of appropriations under section 5303 of this title for 
fiscal years 1982 and 1983, and supplemental nature of grants, for 
provisions relating to authorization of appropriations under section 
5303(a)(1) of this title for fiscal years 1981 to 1983, and purposes for 
expenditures from fund.
    Subsec. (b). Pub. L. 97-35 substituted provisions relating to 
permissible uses of funds for provisions relating to limitations on 
amounts reserved for emergency disaster needs.
    Subsec. (c). Pub. L. 97-35 substituted provisions relating to 
amounts set aside for use under subsec. (b) of this section for 
provisions relating to amounts set aside and reserved in the special 
fund under subsec. (b) of this section.
    Subsec. (d). Pub. L. 97-35 substituted provisions relating to 
assurances required for provisions relating to Indian tribal eligibility 
for grant as dependent upon conformity of program with prescribed 
constitutional rights and habeas corpus.
    1980--Subsec. (a). Pub. L. 96-399, Sec. 107, substituted ``approved 
in appropriation Acts under section 5303(a)(1) of this title for each of 
the fiscal years 1981, 1982, and 1983, not more than $104,000,000 for 
fiscal year 1981, not more than $104,000,000 for fiscal year 1982, and 
not more than $107,000,000 for fiscal year 1983 may'' for ``of authority 
to enter into contracts approved in appropriation Acts under section 
5303(a)(1) of this title for each of the fiscal years 1975, 1976, 1977, 
1978, 1979, and 1980, an amount equal to 3 per centum thereof shall''.
    Subsec. (d). Pub. L. 96-399, Sec. 117(b), inserted ``under this 
chapter'' after ``Indian tribe''.
    1978--Subsec. (a)(8). Pub. L. 95-557 substituted ``The Secretary may 
also provide, directly or through contracts, technical assistance under 
this paragraph to such governmental units, or to a group designated by 
such a governmental unit for the purpose of assisting that governmental 
unit to carry out its Community Development Program'' for ``The 
Secretary may also provide such technical assistance under this 
paragraph directly or through contracts''.
    1977--Subsec. (a). Pub. L. 95-128, Sec. 107(1), (2), extended 
provisions to fiscal years 1978 through 1980 and increased rate to 3 
from 2 per centum.
    Subsec. (a)(5). Pub. L. 95-128, Sec. 107(3), provided for grants to 
Indian tribes.
    Subsec. (a)(7), (8). Pub. L. 95-128, Sec. 107(4), added pars. (7) 
and (8).
    Subsec. (b). Pub. L. 95-128, Sec. 107(5), substituted ``15 per 
centum'' for ``one-fourth''.
    Subsec. (d). Pub. L. 95-128, Sec. 107(6), added subsec. (d).
    1976--Subsec. (a)(1). Pub. L. 94-375 included new community projects 
assisted under title X of the National Housing Act as within the 
authority of the Secretary to make grants from the special discretionary 
fund.


                    Effective Date of 1990 Amendment

    Amendment by section 913(c) of Pub. L. 101-625 applicable to amounts 
approved in any appropriation Act under section 5303 of this title for 
fiscal year 1990 and each fiscal year thereafter, see section 913(f) of 
Pub. L. 101-625, set out as a note under section 5306 of this title.


                    Effective Date of 1989 Amendment

    Section 105(d) of Pub. L. 101-235 provided that:
    ``(1) In general.--Except as provided in this paragraph and 
paragraph (2), the amendments made by this section [amending this 
section] shall apply with respect to any grants made under section 107 
of the Housing and Community Development Act of 1974 [this section] on 
or after the date of the enactment of this Act [Dec. 15, 1989], except a 
grant made under the third sentence of section 107(a) of [the] Housing 
and Community Development Act of 1974, as such sentence existed 
immediately before such date, and grants for specific activities 
(referred to in House Report Number 101-297) pursuant to the amount 
appropriated for use under section 107 by the enactment of the bill, 
H.R. 2916, of the One Hundred First Congress [Pub. L. 101-144, Nov. 9, 
1989, 103 Stat. 850].
    ``(2) Prior grants.--Any grant made under section 107 of the Housing 
and Community Development Act of 1974 [this section] before the date of 
the enactment of this Act [Dec. 15, 1989] or pursuant to a grant award 
notification made before such date shall be governed by the provisions 
of such section as it existed immediately before the date of the 
enactment of this Act.''


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-181 applicable only to funds available for 
fiscal year 1984 and thereafter, see section 110(b) of Pub. L. 98-181, 
as amended, set out as a note under section 5316 of this title.


                    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.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-557 effective Oct. 1, 1978, see section 104 
of Pub. L. 95-557, set out as a note under section 1709 of Title 12, 
Banks and Banking.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-128 effective Oct. 1, 1977, see section 114 
of Pub. L. 95-128, set out as a note under section 5301 of this title.


                               Regulations

    Section 801(c)(3) of Pub. L. 102-550 provided that: ``Not later than 
the expiration of the 60-day period beginning on the date of the 
enactment of this Act [Oct. 28, 1992], the Secretary of Housing and 
Urban Development shall issue proposed regulations to carry out section 
107(b)(6) of the Housing and Community Development Act of 1974 [42 
U.S.C. 5307(b)(6)], as added by subsection (c)(2) of this section. The 
Secretary shall issue final regulations to carry out section 107(b)(6) 
not later than the expiration of the 120-day period beginning on the 
date of the enactment of this Act and after notice and opportunity for 
public comment pursuant to the provisions of section 553 of title 5, 
United States Code (notwithstanding subsections (a)(2), (b)(B), and 
(d)(3) of such section). Such final regulations shall take effect 30 
days after issuance.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                     Community Outreach Partnership

    Section 851 of Pub. L. 102-550 directed Secretary to carry out a 5-
year demonstration program to determine feasibility of facilitating 
partnerships between institutions of higher education and communities to 
solve urban problems through research, outreach, and exchange of 
information, established program of grants to public and private 
nonprofit institutions of higher education to assist in establishing or 
carrying out such activities and to establish and operate Community 
Outreach Partnership Centers which were to focus on problems associated 
with housing, economic development, neighborhood revitalization, 
infrastructure, health care, job training, education, crime prevention, 
planning, community organizing, and other areas deemed appropriate by 
the Secretary, further provided for establishment of national advisory 
council to assist Secretary in these areas and a national clearinghouse 
to disseminate information resulting from these activities, and further 
provided for appropriations for the demonstration program as well as for 
an annual report to Congress by the Secretary.

                  Section Referred to in Other Sections

    This section is referred to in sections 5306, 5308, 12705c of this 
title; title 26 section 42.
