third fiscal year after such 3-year accrual period; and

(IV) eliminated if the designation as a troubled agency is not removed before the conclusion of the fourth fiscal year after such 3-year accrual period.

(iv) After a determination by the Secretary that an agency is not a troubled agency, the Secretary shall provide the agency with amounts made available under this clause in accordance with the amount of credits accumulated by the agency (subject to the reductions under clause (iii)). Such amounts shall be provided in addition to the amounts allocated to the agency pursuant to the formula under paragraph (2). In each fiscal year, the Secretary shall reserve from amounts available for allocation under paragraph (2)(A) the amount necessary to provide assistance pursuant to such credits, except that the reserved amount may not exceed 5 percent of the total amount available for allocation under such paragraph.

(v) In making payments for accrued credits in accordance with clause (iv), the Secretary may take into account the ability of the agency to expeditiously expend amounts received for credits.

(6) Any amounts (A) allocated under paragraph (4) that become available for reallocation because an agency does not qualify to receive all or a part of its formula allocation due to failure to comply with the requirements of this section (other than because of designation as a troubled agency), and (B) recaptured by the Secretary for good cause, shall (subject to approval in appropriations Acts) be reallocated by the Secretary in the next fiscal year to other housing agencies that own or operate 250 or more units, based on their relative needs. The relative needs of agencies shall be measured by the formula established pursuant to paragraph (2)(A).

(7) A public housing agency may appeal the amount of its allocation determined under the formula on the basis of unique circumstances or on the basis that the objectively measurable data regarding the agency, community, and project characteristics used for determining the formula amount were not correct.

(8) Amounts allocated to a public housing agency under paragraph (3) or (4) may be used for any eligible activity in accordance with this section, notwithstanding that the allocation amount is determined by allocating half based on relative backlog needs and half based on relative accrued needs of agencies.

(1) Annual report

The Secretary shall include in the annual report under section 3536 of this title

(1) a description of the allocation, distribution, and use of assistance under this section on a regional basis and on the basis of public housing agency size; and

(2) a national compilation of the total funds requested in comprehensive plans for all public housing agencies owning or operating 250 or more public housing dwelling units.

(m) Regulations

Subject to subsection (k)(1) of this section, the Secretary may issue any regulations that are necessary to carry out this section.

(n) Limitation

The Secretary shall not make assistance under this section available with respect to a property transferred under subchapter II-A of this chapter.

(0) Uses of obligated amounts by public housing agencies

Any amount that the Secretary has obligated to a public housing agency under this section other than pursuant to the program established under subsection (e) of this section, shall be used for the purposes for which such amount was provided, or for purposes consistent with an action plan submitted by the agency under subsection (e) of this section and approved by the Secretary, as the agency determines to be appropriate.

(p) Reduction of vacancies in public housing units

(1) The Secretary shall require any public housing agency that has a vacancy rate among dwelling units owned or operated by the agency that exceeds twice the average vacancy rate among all agencies, that is designated as a troubled agency under section 1437d(j) of this title, or for which a receiver has been appointed pursuant to section 1437d(j)(3) of this title, to participate in the vacancy reduction program under this subsection.

(2) Each public housing agency participating in the program under this subsection shall develop and submit to the Secretary a vacancy reduction plan regarding vacancies in units owned or operated by the agency. The plan shall include statements (A) identifying vacant dwelling units administered by the agency and explaining the reasons for the vacancies, (B) describing the actions to be taken by the agency during the following 5 years to eliminate the vacancies, (C) identifying any impediments that will prevent elimination of the vacancies within the 5-year period, (D) identifying any vacant units subject to comprehensive modernization, major reconstruction, demolition, and disposition activities that have been funded or approved, (E) identifying any vacant dwelling units that are eligible for comprehensive modernization, major reconstruction, demolition, or disposition but have not been funded or approved for such activities and are not likely to be funded or approved for at least 3 years and estimating the amount of assistance necessary to complete the comprehensive modernization, major reconstruction, demolition, or disposition of such units, (F) identifying any vacant units not identified under subparagraphs (E) and (F) and describing any appropriate activities

5

So in original. Probably should be subparagraphs "(D) and (E)".

relating to elimination of the vacancies in such units and estimating the amount of assistance necessary to carry out the activities, and (G) setting forth an agenda for implementation of management improvements (including, as appropriate, improvements recommended by the assessment team pursuant to paragraph (3)(C)) during the first fiscal year beginning after submission of the plan and including an estimate of the amount of assistance necessary to implement the improvements.

(3)(A) Upon the expiration of the 24-month period beginning upon the receipt of assistance under paragraph (5) by a public housing agency, the Secretary shall, after reviewing the progress made in complying with the plan, reserve from the annual contribution attributable to each unit vacant for the 24-month period an amount determined by the Secretary but not exceeding 80 percent of such contribution. The Secretary may not reserve any amounts under this subparagraph for any vacant dwelling unit that is vacant because of modernization, reconstruction, or lead-based paint reduction activities.

(B) The Secretary shall deposit any amounts reserved under subparagraph (A) in a separate account established on behalf of the public housing agency, and such amounts shall be available to the agency only for the purpose of carrying out activities in compliance with the vacancy reduction plan of the agency.

(C) If, after the expiration of the 24-month period beginning upon the reservation under subparagraph (A) of amounts for a public housing agency, the Secretary determines that the agency has not made significant progress to comply with the provisions of the vacancy reduction plan of the agency, the amount remaining in the account for the agency established under subparagraph (B) shall be recaptured by the Secretary.

(4)(A) In cooperation with each agency participating in the program under this subsection, the Secretary shall provide for onsite assessment of the vacancy situation of the agency by a team of knowledgeable observers. The assessment team shall include representatives of the Department of Housing and Urban Development, an equal number of independent experts knowledgeable with respect to vacancy problems and management issues relating to public housing, and officials of the public housing agency, all of whom shall be selected by the Secretary. The assessment team shall assess the vacancy situation of the agency to determine the causes of the vacancies, including any management deficiencies or modernization activities.

(B) The assessment team shall also examine indicators of the management performance of the agency relating to vacancy, which shall include consideration of the performance of the agency as measured by the indicators under subparagraphs (A) and (E) of section 1437d(j)(1) of this title.

(C) The assessment team shall submit to the agency and the Secretary written recommendations for management improvements to eliminate or alleviate management deficiencies, and may assist the agency in preparing the vacancy

reduction plan under paragraph (2), including determining appropriate actions to eliminate vacancies.

(D) The Secretary may use amounts made available under paragraph (6) for any travel and administrative expenses of assessment teams under this paragraph.

(5) The Secretary shall, subject to the availability of amounts under paragraph (6), provide assistance under this subsection to public housing agencies submitting vacancy reduction plans for reasonable costs of—

(A) implementing management improvements;

(B) rehabilitating vacant dwelling units identified in the statement under paragraph (2), except that the Secretary may provide assistance to a public housing agency designated as a troubled agency for the purposes under this subparagraph only if the Secretary determines that the agency is making substantial progress in remedying management deficiencies, if any, or that the agency has provided reasonable assurances that such progress will be made; and

(C) carrying out vacancy reduction activities described in the statement under paragraph (2), except that the Secretary may provide assistance to a public housing agency designated as a troubled agency for the purposes under this subparagraph only if the Secretary determines that the agency is making substantial progress in remedying management deficiencies, if any, or that the agency has provided reasonable assurances that such progress will be made.

(6)(A) Of any amounts available under this section in each of fiscal years 1993 and 1994 (after amounts are reserved pursuant to subsection (k)(1) of this section), an amount equal to 4 percent of such remaining funds shall be available in each such fiscal year for the purposes under subparagraph (B).

(B) Of such amounts available under subparagraph (A) in each such fiscal year

(i) 20 percent shall be available only for carrying out activities under section 1437d(j) of this title; and

(ii) 80 percent shall be available for carrying out this subsection.

(Sept. 1, 1937, ch. 896, title I, § 14, as added Oct. 8, 1980, Pub. L. 96-399, title II, § 202(a), 94 Stat. 1625; amended Aug. 13, 1981, Pub. L. 97-35, title III, §§ 322(c), 329G, 95 Stat. 402, 410; Nov. 30, 1983, Pub. L. 98-181, title II, § 214(b), 97 Stat. 1185; Oct. 17, 1984, Pub. L. 98-479, title II, § 204(b)(2), 98 Stat. 2233; Feb. 5, 1988, Pub. L. 100-242, title I, §§ 112(b)(6), 119(b)-(i), 120, 101 Stat. 1824, 1830-1837; renumbered title I, June 29, 1988, Pub. L. 100-358, § 5, 102 Stat. 681; Nov. 28, 1990, Pub. L. 101-625, title IV, § 414, title V, §§ 509(a)-(g), 510, 572, 104 Stat. 4160, 4187, 4191-4193, 4236; Oct. 28, 1991, Pub. L. 102-139, title II, 105 Stat. 757, 759; Oct. 28, 1992, Pub. L. 102-550, title I, §§ 111(b)(1), 115, title VI, § 625(a)(3), 106 Stat. 3688, 3692, 3820; Apr. 11, 1994, Pub. L. 103-233, title III, § 302, 108 Stat. 369.)

REFERENCES IN TEXT

Subsection (f)(4) of this section, referred to in subsec. (d), was successively redesignated subsec. (f)(1)(D) of this section by Pub. L. 100-242, § 119(e), then subsec. (f)(1)(C) by Pub. L. 103–233, § 302(2)(E). The Civil Rights Act of 1964, referred to in subsec. (e)(1)(F), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 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.

Title VIII of the Act of April 11, 1968 (commonly known as the Civil Rights Act of 1968), referred to in subsec. (e)(1)(F), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended, known as the Fair Housing Act, which is classified principally to subchapter I (§ 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.

Paragraphs (3) and (4), referred to in subsec. (f)(1)(B) and concluding provisions of subsec. (f)(1),' probably mean pars. (3) and (4) of subsec. (f) as it existed prior to amendment by Pub. L. 100-242, § 119(e), which redesignated pars. (3) and (4) of subsec. (f) as subpars. (C) and (D), respectively, of par. (1) of subsec. (f). Subpars. (C) and (D) of par. (1) were subsequently redesignated subpars. (B) and (C), respectively, of par. (1) by Pub. L. 103-233, § 302(2)(E).

AMENDMENTS

1994-Subsec. (d)(2). Pub. L. 103-233, § 302(1)(A), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "an identification, for each such project, of the equipment systems or structural elements which would normally be replaced (assuming routine and timely maintenance is performed) over the remaining period of the contributions contract or during the 30-year period beginning on the date of submission of the application, whichever period is longer;".

Subsec. (d)(3). Pub. L. 103-233, § 302(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2). Subsec. (d)(4). Pub. L. 103–233, § 302(1)(C), redesignated par. (4) as (3).

Pub. L. 103–233, § 302(1)(B), in introductory provisions, substituted "improvements and for meeting the needs, described in paragraphs (1) and (2)" for "improvements and replacements, and for meeting the needs, described in paragraphs (1), (2), and (3)”.

Subsec. (f)(1)(A). Pub. L. 103–233, § 302(2)(A), substituted "subsection (d)(3)(A)" for "subsection (d)(4)(A)".

Subsec. (f)(1)(B). Pub. L. 103-233, § 302(2)(B), (E), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "the amount determined necessary by the Secretary to fund the replacement costs which have been identified pursuant to subsection (d)(4)(C) of this section for each project, which have accrued for the period ending at the beginning of such year, and for which payment under subsection (b) of this section has not been made previously;".

Subsec. (f)(1)(C). Pub. L. 103–233, § 302(2)(E), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).

Pub. L. 103-233, § 302(2)(C), substituted "subsection (d)(3)" for "subsection (d)(4)”.

Subsec. (f)(1)(D). Pub. L. 103-233, § 302(2)(E), redesignated subpar. (D) as (C).

Pub. L. 103-233, § 302(2)(D), substituted "paragraphs (1) and (2)" for "paragraphs (1), (2), and (3)" and "subsection (d)(3)" for "subsection (d)(4)".

Subsecs. (g), (h)(2). Pub. L. 103-233, § 302(3), (4), substituted "subsection (d)(3)" for "subsection (d)(4)”. 1992-Subsec. (c). Pub. L. 102-550, § 111(b)(1), in introductory provisions, inserted "buildings of" after "for" and struck out "which" after "projects"; in pars.

(1) to (3), inserted "which projects” after par. designation; in par. (4), inserted "which projects" after par. designation; added par. (4); and redesignated former par. (4) as (5).

Subsec. (i)(1)(D)(ii). Pub. L. 102–550, § 625(a)(3), substituted "elderly and disabled families" for "elderly families and handicapped families".

Subsec. (p)(1). Pub. L. 102–550, § 115(b), substituted "agencies, that" for "agencies or that" and inserted "or for which a receiver has been appointed pursuant to section 1437d(j)(3) of this title," after "section 1437d(j) of this title.".

Subsec. (p)(2)(D), (E). Pub. L. 102-550, § 115(h), substituted "comprehensive modernization, major reconstruction" for "modernization, reconstruction" in cl. (D) and "the comprehensive modernization" for "the modernization” in cl. (E).

Subsec. (p)(3). Pub. L. 102-550, § 115(g)(2), added par. (3). Former par. (3) redesignated (4).

Subsec. (p)(3)(A). Pub. L. 102-550, § 115(f), substituted "Urban Development," for "Urban Development and" and "and officials of the public housing agency, all of whom" for "who".

Subsec. (p)(3)(D). Pub. L. 102-550, § 115(e), added subpar. (D).

Subsec. (p)(4). Pub. L. 102-550, § 115(g)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Pub. L. 102-550, § 115(c)(1), (d), in introductory provisions, substituted ", subject to the availability of amounts under paragraph (6),” for “, to the extent approved in appropriations Acts,” and, in subpar. (B), inserted before semicolon“, except that the Secretary may provide assistance to a public housing agency designated as a troubled agency for the purposes under this subparagraph only if the Secretary determines that the agency is making substantial progress in remedying management deficiencies, if any, or that the agency has provided reasonable assurances that such progress will be made".

Subsec. (p)(4)(C). Pub. L. 102-550, § 115(c)(2), which directed insertion of ", except that the Secretary may provide assistance to a public housing agency designated as a troubled agency for the purposes under this subparagraph only if the Secretary determines that the agency is making substantial progress in remedying management deficiencies, if any, or that the agency has provided reasonable assurances that such progress will be made" before semicolon, was executed by making the insertion before period at end to reflect the probable intent of Congress.

Subsec. (p)(5). Pub. L. 102-550, § 115(g)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 102-550, § 115(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "Of any amounts available for allocation under this section to large public housing agencies pursuant to subsection (k)(2) of this section, not more than $105,000,000 shall be available in fiscal year 1991 and not more than $220,000,000 shall be available in fiscal year 1992 for carrying out this subsection."

Subsec. (p)(6). Pub. L. 102–550, § 115(g)(1), redesignated par. (5) as (6).

1991-Subsec. (a)(3) to (5). Pub. L. 102-139 added pars. (3) to (5).

Subsec. (k)(5)(A). Pub. L. 102-139 struck out "initial" before "designation".

Subsec. (k)(5)(A)(i). Pub. L. 102-139, which directed the substitution of "for each of the preceding three fiscal years" for "for each of fiscal years of 1989, 1990 and 1991", was executed by making the substitution for "for each of fiscal years 1989, 1990, and 1991", to reflect the probable intent of Congress.

Subsec. (k)(5)(A)(iii). Pub. L. 102-139 added cl. (iii). Subsec. (k)(5)(E). Pub. L. 102-139 struck out subpar. (E) which required Secretary to establish special rules for limiting assistance to agencies that became troubled after date of initial designation under section 1437d(j)(2)(A)(i) of this title.

1990-Pub. L. 101-625, § 509(g), amended section catchline generally.

Subsec. (a). Pub. L. 101-625, § 572(1), substituted "low-income families" for "lower income families" in concluding provisions.

Subsec. (d). Pub. L. 101-625, § 509(e)(1)(A), substituted "250" for "500" in introductory provisions.

Subsec. (d)(4). Pub. L. 101-625, § 509(b), inserted "and" at end of subpar. (A), substituted period for semicolon at end of subpar. (B), and struck out subpars. (C) to (E) which read as follows:

"(C) an estimate of the total costs of the replacement of the items identified for each such project pursuant to paragraph (2) over the remaining period of the contributions contract or during the 30-year period beginning on the date of submission of the application, whichever period is longer, including an estimate of the amount of funds necessary to fund the costs which have accrued for the period which ends upon the date on which the application is made, and an estimate of the costs which will accrue during each 12-month period subsequent to such application;

“(D) an operating budget for each such project for each 12-month period covered by such plan, excluding costs described in subparagraphs (B) and (C); and

"(E) an estimate of the financial resources which will be available from all sources to each such project and to the public housing agency (to the extent the resources of the agency relate to such project), and the amounts of assistance which are being requested pursuant to subsection (b) of this section for each 12month period covered by the plan."

Subsec. (e)(1). Pub. L. 101-625, § 509(e)(1)(B), substituted "250" for "500" in introductory provisions.

Subsec. (e)(1)(E)(ii). Pub. L. 101-625, § 572(2), substituted "low-income housing" for "lower income housing".

Subsec. (e)(3)(A). Pub. L. 101-625, § 509(e)(1)(B), substituted “250” for “500".

Pub. L. 101-625, § 509(a)(2)(A), struck out after first sentence "The Secretary, in establishing the funding for a public housing agency for any fiscal year, shall review the relative needs for restoring public housing shown by the approved comprehensive plans in the regional or area office of the Department of Housing and Urban Development for such agency."

Subsec. (e)(4)(A), (C). Pub. L. 101-625, § 509(e)(1)(B), substituted "250” for “500".

Subsec. (f)(1). Pub. L. 101-625, § 509(e)(1)(C), substituted "250" for "500" in introductory provisions.

Subsec. (f)(2). Pub. L. 101-625, § 509(e)(1)(C), substituted "250" for "500" in introductory provisions.

Subsec. (f)(2)(B). Pub. L. 101-625, § 509(c)(1), struck out "and to meet special purpose needs described in subsection (i)(1)(D) of this section" after "safety of tenants".

Subsec. (h). Pub. L. 101-625, § 509(e)(1)(D), substituted "250" for "500" in introductory provisions.

Pub. L. 101-625, § 509(a)(2)(B)(i), inserted "to a public housing agency that owns or operates fewer than 500 public housing dwelling units" after "subsection (b) of this section" in introductory provisions. Subsec. (h)(2). Pub. L. 101-625,

struck out "or (e)" after "(d)(4)”.

509(a)(2)(B)(ii),

Subsec. (1)(1). Pub. L. 101-625, § 509(e)(1)(E), substituted "250" for "500" in introductory provisions.

Pub. L. 101-625, § 509(c)(2), substituted "In addition to assistance made available under subsection (b) of this section to a public housing agency that owns or operates fewer than 500 public housing dwelling units, the Secretary may, without regard to the requirements of subsection (c), (d), (f), (g), or (h) of this section," for "In addition to assistance made available under subsection (b) of this section, the Secretary may, without regard to the requirements of subsections (c) through (h) of this section,”.

Subsec. (1)(1)(C), (DX1)(II). Pub. L. 101-625, § 572(2), substituted "low-income housing" for "lower income housing".

Subsec. (iX1XE). Pub. L. 101-625, § 509(d), added subpar. (E).

Subsec. (k). Pub. L. 101-625, § 509(e)(1)(F), (2), in pars. (2)(B), (C), (3), (4), and (6), substituted “250" for "500" wherever appearing; directed substitution of "250" for "500" in par. (5)(B), which was executed to par. (5)(C) to reflect the probable intent of Congress, because "500" did not appear in par. (5)(B); and in par. (2)(D)(i), substituted “200” for “400”.

Pub. L. 101-625, § 509(a)(1), amended subsec. (k) generally, substituting present provisions for provisions requiring allocation of assistance under method in effect on Feb. 5, 1988, until Congressional revision of method, requiring Secretary, by 1 year after Feb. 5, 1988, to complete study on need for modernization and related studies and to submit to Congress proposed methods of allocation of funds between current repairs and future needs, proposed allocation of funds among agencies, analysis of data used, and bases underlying proposed allocation methods, proposed criteria for distinguishing routine and extraordinary capital activities, and proposed alternative methods of allocating funds among agencies to meet routine modernization and capital expenses and for meeting extraordinary expenses, and to consult with interested parties and estimate amount to be received by at least 200 largest agencies under each alternative allocation system.

Subsec. (1)(2). Pub. L. 101-625, § 509(e)(1)(G), substituted "250" for "500".

Subsec. (n). Pub. L. 101-625, § 414, added subsec. (n). Subsecs. (o), (p). Pub. L. 101-625, §§ 509(f), 510, added subsecs. (o) and (p).

1988-Subsec. (b). Pub. L. 100-242, § 119(b), designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(2). Pub. L. 100-242, § 112(b)(6)(A), substituted "assisted under section 1437c" for "receive assistance under section 1437c(c)".

Subsec. (d). Pub. L. 100-242, § 119(i)(1), substituted "subsection (f)(4)” for “subsection (e)(4)" in first sentence.

Pub. L. 100-242, § 119(c), inserted "to a public housing agency that owns or operates less than 500 public housing dwelling units" after "subsection (b) of this section" in first sentence.

Subsec. (d)(2), (4)(C). Pub. L. 100-242, § 112(b)(6)(B), struck out "annual” before “contributions".

Subsec. (e). Pub. L. 100-242, § 119(d)(2), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 100-242, § 119(i)(3), struck out "annual" before "contributions" in closing provisions of par. (1).

Pub. L. 100-242, § 119(e), designated existing provisions as par. (1), inserted "that owns or operates less than 500 public housing dwelling units" after "public housing agency", redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, and added par. (2). Pub. L. 100-242, § 119(d)(1), redesignated former subsec. (e) as (f).

Subsecs. (g), (h)(2). Pub. L. 100-242, § 119(i)(4), (5), inserted "or (e)" after “subsection (d)(4)”.

Subsec. (i)(1). Pub. L. 100-242, § 119(1)(6), which directed that subsec. (i) be amended by substituting "subsections (c) through (h)” for “subsections (c), (d), (e), (g), and (h)", was executed by substituting “subsections (c) through (h)" for "subsections (c), (d), (e), (f), (g), and (h)", to reflect the probable intent of Congress, because of the prior amendment by section 119(1)(2) of Pub. L. 100-203. See below.

Pub. L. 100-242, § 119(1)(2), inserted "(f)," after "(e),".

Subsec. (1)(1)(D). Pub. L. 100-242, § 120, designated existing provisions as cl. (i), redesignated former subcls. (i) and (ii) as (I) and (II), respectively, and added cl. (ii).

Subsecs. (k) to (m). Pub. L. 100-242, § 119(f)–(h), added subsecs. (k) to (m).

1984-Subsec. (a). Pub. L. 98-479 substituted a semicolon for the comma at end of pars. (1) and (2).

85-0210-95-5: QL3

1983-Subsec. (f). Pub. L. 98-181 repealed subsec. (f) relating to applications proposing demolition of housing project.

1981-Subsecs. (a), (f)(3). Pub. L. 97-35, § 322(c), substituted reference to lower income for reference to low-income.

Subsec. (i)(1). Pub. L. 97-35, §§ 322(c), 329G, inserted applicability to fire safety standards and substituted reference to lower income housing for low-income housing in subpars. (C) and (D).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by subtitles B through F of title VI [§§ 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.

EFFECTIVE Date of 1990 AMENDMENT

Section 509(e) of Pub. L. 101-625 provided that the amendment made by that section is effective Oct. 1, 1992.

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.

REGULATIONS

Section 509(h) of Pub. L. 101-625 provided that:

"(1) IN GENERAL.-The Secretary of Housing and Urban Development shall implement the amendments made by this section [amending this section] by rule under section 553 of title 5, United States Code. The Secretary shall consult with the Congress, public housing agencies, and professional organizations representing public housing agencies before publishing a proposed rule pursuant to such section. The proposed rule shall be published not later than the expiration of the 120-day period beginning on the date of the enactment of this Act (Nov. 28, 1990].

"(2) ALLOCATION FORMULA.-The Secretary of Housing and Urban Development shall establish the allocation formula under section 14(k)(2)(A) of the United States Housing Act of 1937 [42 U.S.C. 14377(k)(2)(A)], as amended by subsection (a) of this section, by rule under section 553 of title 5, United States Code. In publishing a proposed rule regarding the formula pursuant to such section 553, the Secretary shall describe

"(A) the analytic basis for the formula;

"(B) the weight assigned to the various criteria contained in the formula pursuant to such section 14(k)(2);

"(C) deductions from the formula share for amounts received for modernization activities under section 14 and major reconstruction of obsolete projects; and

"(D) any other information the Secretary determines is appropriate.

“(3) ALTERNATIVE FORMULAS.-When publishing the proposed rule required under paragraph (2), the Secretary of Housing and Urban Development may, at the discretion of the Secretary, publish alternative formulas, identifying the weights assigned to the various criteria under the formulas, and explaining the differences in operation and objectives of the alternative formulas."

INAPPLICABILITY OF CERTAIN 1992 Amendments to INDIAN PUBLIC HOUSING

Amendment by section 625(a)(3) 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.

URBAN REVITALIZATION DEMONSTRATION PROGRAM

Pub. L. 102-389, title II, Oct. 6, 1992, 106 Stat. 1579, provided in part that: "Furthermore, $300,000,000 shall be for grants to carry out an urban revitalization demonstration program involving major reconstruction of severely distressed or obsolete public housing projects, to be administered by local public housing agencies: Provided, That such funding shall be made available to up to 15 cities selected from either the 40 most populous United States cities or, from any city whose housing authority was considered to have been on the Department's troubled housing authorities list as of March 31, 1992: Provided further, That no more than $50,000,000 shall be provided to each participating municipality: Provided further, That no more than 500 units shall be funded for each participating city and such units shall be located in up to 3 separately defined areas containing the community's most severely distressed projects, including family high-rise projects: Provided further, That at least 80 per centum of the funding provided to each participating public housing agency shall be used for the capital costs of major reconstruction, rehabilitation and other physical improvements, for the capital costs of replacement units and for certificates under section 8(b) [42 U.S.C. 1437f(b)] used for replacement and for management improvements for the reconstructed project and for planning and technical assistance purposes and not more than 20 per centum shall be used for community service programs (as defined by the Commission on National and Community Service) and for supportive services, including, but not limited to, literacy training, job training, day care, youth activities, administrative expenses, and the permissive and mandatory services authorized under the Gateway Program established in the Family Support Centers demonstration program, provided for in 42 U.S.C. 11485e-f [11485(e), (f)]: Provided further, That each participating city shall make contributions for supportive services in an amount equal to 15 per centum of the funding provided for supportive services pursuant to the immediately preceding proviso: Provided further, That all such contributions from participating jurisdictions for supportive services shall be derived from non-Federal sources: Provided further, That each participating community shall submit a plan for program implementation which is consistent with the local comprehensive housing affordability strategy prepared pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12705] and which has the approval of the local governing body: Provided further, That each plan shall include a community services component, but no funds are to be disbursed pursuant to this paragraph until such community services program has been approved by the Commission on National and Community Service: Provided further, That funds made available pursuant to this paragraph may be used in conjunction with, but not in lieu of, funding provided under the head 'Modernization of LowIncome Housing Projects' for the modernization of existing public housing projects pursuant to section 14 of the Act (42 U.S.C. 14371); for construction or major reconstruction of obsolete public housing, other than for Indian families; for the replacement of public housing units pursuant to section 18 of the Act [42 U.S.C. 1437p); and for the HOPE for Public and Indian Housing Homeownership program as authorized under title III of the Act (42 U.S.C. 1437aaa et seq.]: Provided further, That notwithstanding the provisions of section 18(b)(3) of the Act, units demolished, disposed of or otherwise eliminated under this demonstration may be replaced as follows: one-third by certificates under section 8(b) and the balance by any combination of conventional public housing and units acquired or otherwise provided for homeownership under section 5(h) of the Act [42 U.S.C. 1437c(h)], housing made available through housing opportunity programs of construction or substantial rehabilitation of homes meet