
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 106-402 Section 401(b)(11)]
[Document affected by Public Law 106-569 Section 822]
[Document affected by Public Law 106-569 Section 841-845]
[Document affected by Public Law 106-569 Section 841-845]
[CITE: 42USC8013]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 89--CONGREGATE HOUSING SERVICES
 
Sec. 8013. Supportive housing for persons with disabilities


(a) Purpose

    The purpose of this section is to enable persons with disabilities 
to live with dignity and independence within their communities by 
expanding the supply of supportive housing that--
        (1) is designed to accommodate the special needs of such 
    persons; and
        (2) provides supportive services that address the individual 
    health, mental health, and other needs of such persons.

(b) Authority to provide assistance

    The Secretary is authorized--
        (1) to provide tenant-based rental assistance to eligible 
    persons with disabilities, in accordance with subsection (d)(4) of 
    this section; and
        (2) to provide assistance to private, nonprofit organizations to 
    expand the supply of supportive housing for persons with 
    disabilities, which shall be provided as--
            (A) capital advances in accordance with subsection (d)(1) of 
        this section, and
            (B) contracts for project rental assistance in accordance 
        with subsection (d)(2) of this section;

    assistance under this paragraph may be used to finance the 
    acquisition, acquisition and moderate rehabilitation, construction, 
    reconstruction, or moderate or substantial rehabilitation of 
    housing, including the acquisition from the Resolution Trust 
    Corporation, to be used as supportive housing for persons with 
    disabilities and may include real property acquisition, site 
    improvement, conversion, demolition, relocation, and other expenses 
    that the Secretary determines are necessary to expand the supply of 
    supportive housing for persons with disabilities.

(c) General requirements

    The Secretary shall take such actions as may be necessary to ensure 
that--
        (1) assistance made available under this section will be used to 
    meet the special needs of persons with disabilities by providing a 
    variety of housing options, ranging from group homes and independent 
    living facilities to dwelling units in multifamily housing 
    developments, condominium housing, and cooperative housing; and
        (2) supportive housing for persons with disabilities assisted 
    under this section shall--
            (A) provide persons with disabilities occupying such housing 
        with supportive services that address their individual needs;
            (B) provide such persons with opportunities for optimal 
        independent living and participation in normal daily 
        activities,\1\ and
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    \1\ So in original. The comma probably should be a semicolon.
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            (C) facilitate access by such persons to the community at 
        large and to suitable employment opportunities within such 
        community.

(d) Forms of assistance

                        (1) Capital advances

        A capital advance provided under subsection (b)(2) of this 
    section shall bear no interest and its repayment shall not be 
    required so long as the housing remains available for very-low-
    income persons with disabilities in accordance with this section. 
    Such advance shall be in an amount calculated in accordance with the 
    development cost limitation established in subsection (h) of this 
    section.

                    (2) Project rental assistance

        Contracts for project rental assistance shall obligate the 
    Secretary to make monthly payments to cover any part of the costs 
    attributed to units occupied (or, as approved by the Secretary, held 
    for occupancy) by very low-income persons with disabilities that is 
    not met from project income. The annual contract amount for any 
    project shall not exceed the sum of the initial annual project 
    rentals for all units and any initial utility allowances for such 
    units, as approved by the Secretary. Any contract amounts not used 
    by a project in any year shall remain available to the project until 
    the expiration of the contract. The Secretary may adjust the annual 
    contract amount if the sum of the project income and the amount of 
    assistance payments available under this paragraph are inadequate to 
    provide for reasonable project costs. In the case of an intermediate 
    care facility which is the residence of persons assisted under title 
    XIX of the Social Security Act [42 U.S.C. 1396 et seq.], project 
    income under this paragraph shall include the same amount as if such 
    person were being assisted under title XVI of the Social Security 
    Act [42 U.S.C. 1381 et seq.].

                        (3) Rent contribution

        A very low-income person shall pay as rent for a dwelling unit 
    assisted under subsection (b)(2) of this section the higher of the 
    following amounts, rounded to the nearest dollar: (A) 30 percent of 
    the person's adjusted monthly income, (B) 10 percent of the person's 
    monthly income, or (C) if the person is receiving payments for 
    welfare assistance from a public agency and a part of such payments, 
    adjusted in accordance with the person's actual housing costs, is 
    specifically designated by such agency to meet the person's housing 
    costs, the portion of such payments which is so designated; except 
    that the gross income of a person occupying an intermediate care 
    facility assisted under title XIX of the Social Security Act [42 
    U.S.C. 1396 et seq.] shall be the same amount as if the person were 
    being assisted under title XVI of the Social Security Act [42 U.S.C. 
    1381 et seq.].

                 (4) Tenant-Based Rental Assistance

        Tenant-based rental assistance provided under subsection (b)(1) 
    of this section may be provided only through a public housing agency 
    that has submitted, and had approved, an allocation plan under 
    section 1437e(f) of this title, and a public housing agency shall be 
    eligible to apply under this section only for the purposes of 
    providing such assistance. Such assistance shall be made available 
    to eligible persons with disabilities and administered under the 
    same rules that govern rental assistance made available under 
    section 1437f of this title. In determining the amount of assistance 
    provided under subsection (b)(1) of this section for a public 
    housing agency, the Secretary shall consider the needs of the agency 
    as described in the allocation plan.

(e) Term of commitment

                         (1) Use limitations

        All units in housing assisted under subsection (b)(2) of this 
    section shall be made available for occupancy by very low-income 
    persons with disabilities for not less than 40 years.

                         (2) Contract terms

        The initial term of a contract entered into under subsection 
    (d)(2) of this section shall be 240 months. The Secretary shall, to 
    the extent approved in appropriation Acts, extend any expiring 
    contract for a term of not less than 60 months. In order to 
    facilitate the orderly extension of expiring contracts, the 
    Secretary is authorized to make commitments to extend expiring 
    contracts during the year prior to the date of expiration.

(f) Applications

    Funds made available under subsection (b)(2) of this section shall 
be allocated by the Secretary among approvable applications submitted by 
private nonprofit organizations. Applications for assistance under 
subsection (b)(2) of this section shall be submitted in such form and in 
accordance with such procedures as the Secretary shall establish. Such 
applications shall contain--
        (1) a description of the proposed housing;
        (2) a description of the assistance the applicant seeks under 
    this section;
        (3) a supportive service plan that contains--
            (A) a description of the needs of persons with disabilities 
        that the housing is expected to serve;
            (B) assurances that persons with disabilities occupying such 
        housing will receive supportive services based on their 
        individual needs;
            (C) evidence of the applicant's (or a designated service 
        provider's) experience in providing such supportive services;
            (D) a description of the manner in which such services will 
        be provided to such persons, including evidence of such 
        residential supervision as the Secretary determines is necessary 
        to facilitate the adequate provision of such services; and
            (E) identification of the extent of State and local funds 
        available to assist in the provision of such services;

        (4) a certification from the appropriate State or local agency 
    (as determined by the Secretary) that the provision of the services 
    identified in paragraph (3) are well designed to serve the special 
    needs of persons with disabilities;
        (5) reasonable assurances that the applicant will own or have 
    control of an acceptable site for the proposed housing not later 
    than 6 months after notification of an award for assistance;
        (6) a certification from the public official responsible for 
    submitting a housing strategy for the jurisdiction to be served in 
    accordance with section 12705 of this title that the proposed 
    housing is consistent with the approved housing strategy; and
        (7) such other information or certifications that the Secretary 
    determines to be necessary or appropriate to achieve the purposes of 
    this section.

(g) Selection criteria

    The Secretary shall establish selection criteria for assistance 
under subsection (b)(2) of this section, which shall include--
        (1) the ability of the applicant to develop and operate the 
    proposed housing;
        (2) the need for housing for persons with disabilities in the 
    area to be served;
        (3) the extent to which the proposed design of the housing will 
    meet the special needs of persons with disabilities;
        (4) the extent to which the applicant has demonstrated that the 
    necessary supportive services will be provided on a consistent, 
    long-term basis;
        (5) the extent to which the proposed design of the housing will 
    accommodate the provision of such services;
        (6) the extent to which the applicant has control of the site of 
    the proposed housing; and
        (7) such other factors as the Secretary determines to be 
    appropriate to ensure that funds made available under subsection 
    (b)(2) of this section are used effectively.

(h) Development cost limitations

                           (1) In general

        The Secretary shall periodically establish development cost 
    limitations by market area for various types and sizes of supportive 
    housing for persons with disabilities by publishing a notice of the 
    cost limitations in the Federal Register. The cost limitations shall 
    reflect--
            (A) the cost of acquisition, construction, reconstruction, 
        or rehabilitation of supportive housing for persons with 
        disabilities that (i) meets applicable State and local housing 
        and building codes; and (ii) conforms with the design 
        characteristics of the neighborhood in which it is to be 
        located;
            (B) the cost of movables necessary to the basic operation of 
        the housing, as determined by the Secretary;
            (C) the cost of special design features necessary to make 
        the housing accessible to persons with disabilities;
            (D) the cost of special design features necessary to make 
        individual dwelling units meet the special needs of persons with 
        disabilities;
            (E) the cost of congregate space necessary to accommodate 
        the provision of supportive services to persons with 
        disabilities;
            (F) if the housing is newly constructed, the cost of meeting 
        the energy efficiency standards promulgated by the Secretary in 
        accordance with section 12709 of this title; and
            (G) the cost of land, including necessary site improvement.

    In establishing development cost limitations for a given market 
    area, the Secretary shall use data that reflect currently prevailing 
    costs of acquisition, construction, reconstruction, or 
    rehabilitation, and land acquisition in the area.

                         (2) RTC properties

        In the case of existing housing and related facilities from the 
    Resolution Trust Corporation under section 1441a(c) of title 12, the 
    cost limitations shall include--
            (A) the cost of acquiring such housing,
            (B) the cost of rehabilitation, alteration, conversion, or 
        improvement, including the moderate rehabilitation thereof, and
            (C) the cost of the land on which the housing and related 
        facilities are located.

                       (3) Annual adjustments

        The Secretary shall adjust the cost limitation not less than 
    once annually to reflect changes in the general level of 
    acquisition, construction, reconstruction, or rehabilitation costs.

                     (4) Incentives for savings

        (A) Special project account

            The Secretary shall use the development cost limitations 
        established under paragraph (1) to calculate the amount of 
        financing to be made available to individual owners. Owners 
        which incur actual development costs that are less than the 
        amount of financing shall be entitled to retain 50 percent of 
        the savings in a special project account. Such percentage shall 
        be increased to 75 percent for owners which add energy 
        efficiency features which (i) exceed the energy efficiency 
        standards promulgated by the Secretary in accordance with 
        section 12709 of this title; (ii) substantially reduce the life-
        cycle cost of the housing; (iii) reduce gross rent requirements; 
        and (iv) enhance tenant comfort and convenience.

        (B) Uses

            The special project account established under subparagraph 
        (A) may be used (i) to supplement services provided to residents 
        of the housing or funds set-aside for replacement reserves, or 
        (ii) for such other purposes as determined by the Secretary.

                    (5) Funds from other sources

        An owner shall be permitted voluntarily to provide funds from 
    non-Federal sources for amenities and other features of appropriate 
    design and construction suitable for supportive housing for persons 
    with disabilities if the cost of such amenities is (A) not financed 
    with the advance, and (B) is not taken into account in determining 
    the amount of Federal assistance or of the rent contribution of 
    tenants.

(i) Tenant selection

    (1) An owner shall adopt written tenant selection procedures that 
are satisfactory to the Secretary as (A) consistent with the purpose of 
improving housing opportunities for very low-income persons with 
disabilities; and (B) reasonably related to program eligibility and an 
applicant's ability to perform the obligations of the lease. Owners 
shall promptly notify in writing any rejected applicant of the grounds 
for any rejection.
    (2) Notwithstanding any other provision of law, an owner may, with 
the approval of the Secretary, limit occupancy within housing developed 
under this section to persons with disabilities who have similar 
disabilities and require a similar set of supportive services in a 
supportive housing environment.

(j) Miscellaneous provisions

                      (1) Technical assistance

        The Secretary shall make available appropriate technical 
    assistance to assure that applicants having limited resources, 
    particularly minority applicants, are able to participate more fully 
    in the program carried out under this section.

                     (2) Civil rights compliance

        Each owner shall certify, to the satisfaction of the Secretary, 
    that assistance made available under this section will be conducted 
    and administered in conformity with title VI of the Civil Rights Act 
    of 1964 [42 U.S.C. 2000d et seq.], the Fair Housing Act [42 U.S.C. 
    3601 et seq.] and other Federal, State, and local laws prohibiting 
    discrimination and promoting equal opportunity; and \2\
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    \2\ So in original. The word ``opportunity'' probably should be 
followed by a period.
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                          (3) Site control

        An applicant may obtain ownership or control of a suitable site 
    different from the site specified in the initial application. If an 
    applicant fails to obtain ownership or control of the site within 1 
    year after notification of an award for assistance, the assistance 
    shall be recaptured and reallocated.

                          (4) Owner deposit

        The Secretary may require an owner to deposit an amount not to 
    exceed $10,000 in a special escrow account to assure the owner's 
    commitment to the housing.

                        (5) Notice of appeal

        The Secretary shall notify an owner not less than 30 days prior 
    to canceling any reservation of assistance provided under this 
    section. During the 30-day period following the receipt of a notice 
    under the preceding sentence, an owner may appeal the proposed 
    cancellation. Such appeal, including review by the Secretary, shall 
    be completed not later than 45 days after the appeal is filed.

                         (6) Labor standards

        (A) In general

            The Secretary shall take such action as may be necessary to 
        insure that all laborers and mechanics employed by contractors 
        and subcontractors in the construction of housing with 12 or 
        more units assisted under this section shall be paid wages at 
        rates not less than those prevailing in the locality involved 
        for the corresponding classes of laborers and mechanics employed 
        on construction of a similar character, as determined by the 
        Secretary of Labor in accordance with the Act of March 3, 1931 
        (commonly known as the Davis-Bacon Act [40 U.S.C. 276a et 
        seq.]).

        (B) Exemption

            Subparagraph (A) shall not apply to any individual who--
                (i) performs services for which the individual 
            volunteered;
                (ii)(I) does not receive compensation for such services; 
            or
                (II) is paid expenses, reasonable benefits, or a nominal 
            fee for such services; and
                (iii) is not otherwise employed at any time in the 
            construction work.

(k) Definitions

    As used in this section--
        (1) The term ``group home'' means a single family residential 
    structure designed or adapted for occupancy by not more than 8 
    persons with disabilities. The Secretary may waive the project size 
    limitation contained in the previous sentence if the applicant 
    demonstrates that local market conditions dictate the development of 
    a larger project. Not more than 1 home may be located on any one 
    site and no such home may be located on a site contiguous to another 
    site containing such a home.
        (2) The term ``person with disabilities'' means a household 
    composed of one or more persons at least one of whom is an adult who 
    has a disability. A person shall be considered to have a disability 
    if such person is determined, pursuant to regulations issued by the 
    Secretary to have a physical, mental, or emotional impairment which 
    (A) is expected to be of long-continued and indefinite duration, (B) 
    substantially impedes his or her ability to live independently, and 
    (C) is of such a nature that such ability could be improved by more 
    suitable housing conditions. A person shall also be considered to 
    have a disability if such person has a developmental disability as 
    defined in section 6001(7) \3\ of this title. The Secretary shall 
    prescribe such regulations as may be necessary to prevent abuses in 
    determining, under the definitions contained in this paragraph, the 
    eligibility of families and persons for admission to and occupancy 
    of housing assisted under this section. Notwithstanding the 
    preceding provisions of this paragraph, the term ``person with 
    disabilities'' includes two or more persons with disabilities living 
    together, one or more such persons living with another person who is 
    determined (under regulations prescribed by the Secretary) to be 
    important to their care or well-being, and the surviving member or 
    members of any household described in the first sentence of this 
    paragraph who were living, in a unit assisted under this section, 
    with the deceased member of the household at the time of his or her 
    death.
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    \3\ See References in Text note below.
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        (3) The term ``supportive housing for persons with 
    disabilities'' means housing that--
            (A) is designed to meet the special needs of persons with 
        disabilities, and
            (B) provides supportive services that address the individual 
        health, mental health or other special needs of such persons.

        (4) The term ``independent living facility'' means a project 
    designed for occupancy by not more than 24 persons with disabilities 
    (or such higher number of persons as permitted under criteria that 
    the Secretary shall prescribe, subject to the limitation under 
    subsection (h)(6) \4\ of this section) in separate dwelling units 
    where each dwelling unit includes a kitchen and a bath.
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    \4\ So in original. No subsec. (h)(6) has been enacted.
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        (5) The term ``owner'' means a private nonprofit organization 
    that receives assistance under this section to develop and operate a 
    project for supportive housing for persons with disabilities.
        (6) The term ``private nonprofit organization'' means any 
    institution or foundation--
            (A) that has received, or has temporary clearance to 
        receive, tax-exempt status under section 501(c)(3) of title 26;
            (B) no part of the net earnings of which inures to the 
        benefit of any member, founder, contributor, or individual;
            (C) which has a governing board (i) the membership of which 
        is selected in a manner to assure that there is significant 
        representation of the views of persons with disabilities, and 
        (ii) which is responsible for the operation of the housing 
        assisted under this section; and
            (D) which is approved by the Secretary as to financial 
        responsibility.

        (7) The term ``State'' includes the several States, the District 
    of Columbia, the Commonwealth of Puerto Rico, and the possessions of 
    the United States.
        (8) The term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
        (9) The term ``very low-income'' has the same meaning as given 
    the term ``very low-income families'' under section 1437a(b)(2) of 
    this title.

(l) Allocation of funds

                           (1) Allocation

        Of any amount made available for assistance under this section 
    in any fiscal year, an amount shall be used for assistance under 
    subsection (b) \5\ of this section that is not less than the amount 
    made available in appropriation Acts for such assistance in the 
    preceding year, and the remainder shall be available for tenant-
    based assistance under subsection (n).\6\
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    \5\ So in original. Probably should be subsection ``(b)(2)''.
    \6\ So in original. Probably should be subsection ``(b)(1)''.
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                        (2) Capital advances

        Of any amounts made available for assistance under subsection 
    (b) of this section, such sums as may be necessary shall be 
    available for funding capital advances in accordance with subsection 
    (c)(1) \7\ of this section. Such amounts, the repayments from such 
    advances, and the proceeds from notes or obligations issued under 
    this section prior to November 28, 1990,\8\ shall constitute a 
    revolving fund to be used by the Secretary in carrying out this 
    section.
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    \7\ So in original. Probably should be subsection ``(d)(1)''.
    \8\ See Codification note below.
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                    (3) Project rental assistance

        Of any amounts made available for assistance under subsection 
    (b) of this section, such sums as may be necessary shall be 
    available for funding project rental assistance in accordance with 
    subsection (c)(2) \9\ of this section.
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    \9\ So in original. Probably should be subsection ``(d)(2)''.
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                         (4) Size limitation

        Of any amounts made available for any fiscal year and used for 
    capital advances or project rental assistance under paragraphs (1) 
    and (2) of subsection (d) of this section, not more than 25 percent 
    may be used for supportive housing which contains more than 24 
    separate dwelling units.

(m) Authorization of appropriations

    There is authorized to be appropriated for providing assistance 
under this section $201,000,000 for fiscal year 2000.

(n) Effective date and applicability

                           (1) In general

        The amendments made by this section shall take effect on October 
    1, 1991, with respect to projects approved on or after such date. 
    The Secretary shall issue regulations for such purpose after notice 
    and public comment.

                      (2) Earlier applicability

        The Secretary shall, upon the request of an owner, apply the 
    provisions of this section to any housing for which a loan 
    reservation was made under section 1701q of title 12 before November 
    28, 1990,\8\ but for which no loan has been executed and recorded. 
    In the absence of such a request, any housing identified under the 
    preceding sentence shall continue to be subject to the provisions of 
    section 1701q of title 12 as they were in effect when such 
    assistance was made or reserved.

                          (3) Coordination

        When responding to an owner's request under paragraph (1), the 
    Secretary shall, notwithstanding any other provision of law, apply 
    such portion of amounts obligated at the time of loan reservation, 
    including amounts reserved with respect to such housing under 
    section 1437f of this title, as are required for the owner's housing 
    under the provisions of this section and shall make any remaining 
    portion available for other housing under this section.

(Pub. L. 101-625, title VIII, Sec. 811, Nov. 28, 1990, 104 Stat. 4324; 
Pub. L. 102-27, title II, Apr. 10, 1991, 105 Stat. 150; Pub. L. 102-550, 
title VI, Secs. 601(d), 603, 623(a), title IX, Sec. 913(b), Oct. 28, 
1992, 106 Stat. 3803, 3805, 3818, 3877; Pub. L. 106-74, title V, 
Secs. 512, 524(a), Oct. 20, 1999, 113 Stat. 1101, 1106.)

                       References in Text

    The Social Security Act, referred to in subsec. (d)(2), (3), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and XIX of 
the Act are classified generally to subchapters XVI (Sec. 1381 et seq.) 
and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of this title. 
For complete classification of this Act to the Code, see section 1305 of 
this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (j)(2), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act 
is classified generally to subchapter V (Sec. 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.
    The Fair Housing Act, referred to in subsec. (j)(2), is title VIII 
of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, which is 
classified principally to subchapter I of chapter 45 (Sec. 3601 et seq.) 
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.
    Act of March 3, 1931 (commonly known as the Davis-Bacon Act), 
referred to in subsec. (j)(6)(A), is act Mar. 3, 1931, ch. 411, 46 Stat. 
1494, as amended, which is classified generally to sections 276a to 
276a-5 of Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 276a of Title 40 and Tables.
    Section 6001(7) of this title, referred to in subsec. (k)(2), was 
subsequently amended, and section 6001(7) no longer defines the term 
``developmental disability''. However, such term is defined elsewhere in 
that section.

                          Codification

    Section was enacted as part of the Cranston-Gonzalez National 
Affordable Housing Act, and not as part of the Congregate Housing 
Services Act of 1978 which comprises this chapter.
    November 28, 1990, referred to in subsecs. (l)(2) and (m)(2), was in 
the original ``the enactment of this Act'' and ``the date of enactment 
of this Act'', respectively, see Enactment of Section note below.


                               Amendments

    1999--Subsec. (k)(4). Pub. L. 106-74, Sec. 524(a)(1), inserted ``, 
subject to the limitation under subsection (h)(6) of this section'' 
after ``prescribe''.
    Subsec. (l)(4). Pub. L. 106-74, Sec. 524(a)(2), added par. (4).
    Subsecs. (m), (n). Pub. L. 106-74, Sec. 512, added subsec. (m) and 
redesignated former subsec. (m) as (n).
    1992--Pub. L. 102-550, Sec. 623(a)(1), reenacted section catchline 
without change.
    Subsec. (b). Pub. L. 102-550, Sec. 623(a)(2), added heading, 
introductory provisions, and pars. (1) and (2) and struck out former 
heading ``General authority'', introductory provisions, and pars. (1) 
and (2) which authorized assistance to private, nonprofit organizations 
to expand the supply of supportive housing for persons with 
disabilities, which assistance would be provided as capital advances and 
contracts for project rental assistance, and, in concluding provisions, 
realigned margin and substituted ``assistance under this paragraph'' for 
``Such assistance''.
    Subsec. (d)(1). Pub. L. 102-550, Sec. 623(a)(3)(A), which directed 
the substitution of ``subsection (b)(2) of this section'' for ``this 
section'', was executed by making the substitution the first place 
appearing in first sentence, to reflect the probable intent of Congress.
    Subsec. (d)(3). Pub. L. 102-550, Sec. 623(a)(3)(A), substituted 
``subsection (b)(2) of this section'' for ``this section''.
    Subsec. (d)(4). Pub. L. 102-550, Sec. 623(a)(3)(B), added par. (4).
    Subsec. (e)(1). Pub. L. 102-550, Sec. 623(a)(4), substituted 
``subsection (b)(2) of this section'' for ``this section''.
    Subsec. (f). Pub. L. 102-550, Sec. 623(a)(5), substituted 
``subsection (b)(2) of this section'' for ``this section'' in first and 
second sentences.
    Subsec. (g). Pub. L. 102-550, Sec. 623(a)(6), which directed the 
substitution of ``subsection (b)(2) of this section'' for ``this 
section'', was executed by making the substitution in the introductory 
provisions and in par. (7), to reflect the probable intent of Congress.
    Subsec. (j)(6). Pub. L. 102-550, Sec. 913(b), designated existing 
provisions as subpar. (A), inserted subpar. heading, substituted ``with 
12 or more units assisted under this section'' for ``assisted under this 
section and designed for dwelling use by 12 or more persons with 
disabilities'', inserted ``commonly known as'' before ``the Davis-Bacon 
Act'', struck out before period at end ``;  but the Secretary may waive 
the application of this paragraph in cases or classes of cases where 
laborers or mechanics, not otherwise employed at any time in the 
construction of such housing, voluntarily donate their services without 
full compensation for the purposes of lowering the costs of construction 
and the Secretary determines that any amounts saved thereby are fully 
credited to the corporation, cooperative, or public body or agency 
undertaking the construction'', and added subpar. (B).
    Subsec. (k)(6). Pub. L. 102-550, Sec. 603, struck out ``incorporated 
private'' before ``institution'' in introductory provisions, added 
subpar. (A), and redesignated former subpars. (A) to (C) as (B) to (D), 
respectively.
    Subsec. (l). Pub. L. 102-550, Sec. 601(d)(1), substituted 
``Allocation of funds'' for ``Authorizations'' in heading.
    Subsec. (l)(1). Pub. L. 102-550, Sec. 601(d)(5), added par. (1). 
Former par. (1) redesignated (2).
    Pub. L. 102-550, Sec. 601(d)(2), inserted first sentence, struck out 
former first sentence which authorized an appropriation of $271,000,000 
for fiscal year 1992 for the purpose of funding capital advances in 
accordance with subsection (d)(1) of this section, and in second 
sentence, substituted ``Such amounts'' for ``Amounts so appropriated''.
    Subsec. (l)(2). Pub. L. 102-550, Sec. 601(d)(4), redesignated par. 
(1) as (2). Former par. (2) redesignated (3).
    Pub. L. 102-550, Sec. 601(d)(3), added par. (2) and struck out 
former par. (2) which read as follows: ``For the purpose of funding 
contracts for project rental assistance in accordance with subsection 
(d)(2) of this section, the Secretary may, to the extent approved in an 
appropriations Act, reserve authority to enter into obligations 
aggregating $246,000,000 for fiscal year 1992.''
    Subsec. (l)(3). Pub. L. 102-550, Sec. 601(d)(4), redesignated par. 
(2) as (3).
    1991--Subsec. (k)(4). Pub. L. 102-27 substituted ``24 persons with 
disabilities (or such higher number of persons as permitted under 
criteria that the Secretary shall prescribe)'' for ``20 persons with 
disabilities''.


                    Effective Date of 1992 Amendment

    Amendment by subtitles B through F of title VI [Secs. 621-685] of 
Pub. L. 102-550 applicable upon expiration of 6-month period beginning 
Oct. 28, 1992, except as otherwise provided, see section 13642 of this 
title.


                          Enactment of Section

    This section was enacted as part of Pub. L. 101-625, which was 
approved Nov. 28, 1990. However, this section was deemed enacted as of 
Nov. 5, 1990, by Pub. L. 101-507, title II, Nov. 5, 1990, 104 Stat. 
1358, set out as an Effective Date of 1990 Amendment note under section 
1701q of Title 12, Banks and Banking.


   Inapplicability of Certain 1992 Amendments to Indian Public Housing

    Amendment by section 623(a) of Pub. L. 102-550 not applicable with 
respect to lower income housing developed or operated pursuant to 
contract between Secretary of Housing and Urban Development and Indian 
housing authority, see section 626 of Pub. L. 102-550, set out as a note 
under section 1437a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437a, 1437f, 3535, 8011, 
11403g, 13664 of this title; title 12 sections 1701z-11, 3702, 3705.
