Title 12

Title 12

Sec. 1701z-1. - Research and demonstrations; authorization of appropriations; continuing availability of funds

The Secretary of Housing and Urban Development is authorized and directed to undertake such programs of research, studies, testing, and demonstration relating to the mission and programs of the Department as he determines to be necessary and appropriate. There are authorized to be appropriated to carry out this title (12 U.S.C. 1701z-1 et seq.) $35,000,000 for fiscal year 1993 and $36,470,000 for fiscal year 1994.

Sec. 1701z-2. - Advanced technologies, methods, and materials for housing construction, rehabilitation, and maintenance

(a) General acceptance; costs, reduction; health and safety restrictions on expanded housing production

The Secretary shall require, to the greatest extent feasible, the employment of new and improved technologies, methods, and materials in housing construction, rehabilitation, and maintenance under programs administered by him with a view to reducing costs, and shall encourage and promote the acceptance and application of such advanced technology, methods, and materials by all segments of the housing industry, communities, industries engaged in urban development activities, and the general public. To the extent feasible, in connection with the construction, major rehabilitation, or maintenance of any housing assisted under section 1701z-1 of this title, the Secretary shall assure that there is no restraint by contract, building code, zoning ordinance, or practice against the employment of new or improved technologies, techniques, materials, and methods or of preassembled products which may reduce the cost or improve the quality of such construction, rehabilitation, and maintenance, and therefore stimulate expanded production of housing, except where such restraint is necessary to insure safe and healthful working and living conditions.

(b) Experimental construction under approved housing plans on Federal or other lands with view toward ultimate mass housing production; use of section 1701z-1 funds and authority

To encourage large-scale experimentation in the use of new technologies, methods, and materials, with a view toward the ultimate mass production of housing and related facilities, the Secretary shall wherever feasible conduct programs under section 1701z-1 of this title in which qualified organizations, public and private, will submit plans for development and production of housing and related facilities using such new advances on Federal land which has been made available or acquired by the Secretary for the purpose of this subsection or on other land where(1) local building regulations permit such experimental construction, or(2) necessary variances from building regulations can be granted. The Secretary may utilize the funds and authority available to him under the provisions of section 1701z-1 of this title to assist in the implementation of plans which he approves.

(c) Acquisition, use, and disposal of property; transfer of excess property

Notwithstanding any other provision of law, the Secretary is authorized, in connection with projects under this title (12 U.S.C. 1701z-1 et seq.), to acquire, use and dispose of any land and other property required for the project as he deems necessary. Notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), any land which is excess property within the meaning of such Act and which is determined by the Secretary to be suitable in furtherance of the purposes of subsection (b) of this section may be transferred to the Secretary upon his request.

(d) Technical assistance; reports; general dissemination and form of reports, data, and information

In order to effectively carry out his activities under section 1701z-1 of this title, the Secretary is authorized to provide such advice and technical assistance as may be required and to pay for the cost of writing and publishing reports on activities and undertakings financed under section 1701z-1 of this title, as well as reports on similar activities and undertakings, not so financed, which are of significant value in furthering the purposes of that section. He may disseminate (without regard to the provisions of section 3204 of title 39 or section 4154 of such title with respect to any period before the effective date of such section 3204 as provided in section 15(a) of the Postal Reorganization Act) any reports, data, or information acquired or held under this title (12 U.S.C. 1701z-1 et seq.), including related data and information otherwise available to the Secretary through the operation of the programs and activities of the Department of Housing and Urban Development, in such form as he determines to be most useful to departments, establishments, and agencies of Federal, State, and local governments, to industry, and to the general public.

(e) Contracts or grants; authority; advance and progress payments; work limitation

The Secretary is authorized to carry out the functions authorized in section 1701z-1 of this title either directly or, without regard to section 5 of title 41, by contract or by grant. Advance and progress payment may be made under such contracts or grants without regard to the provisions of subsections (a) and (b) of section 3324 of title 31 and such contracts or grants may be made for work to continue for not more than four years from the date thereof.

(f) Utilization of facilities of other agencies; working agreements, cooperative agreements, contract authority, receipt of funds, and exercise of section 1701c(c) powers

In carrying out activities under section 1701z-1 of this title, the Secretary shall utilize to the fullest extent feasible the available facilities of other Federal departments and agencies, and shall consult with, and make recommendations to, such departments and agencies. The Secretary may enter into working agreements with such departments and agencies and contract or make grants on their behalf or have such departments and agencies contract or make grants on his behalf and such departments and agencies are hereby authorized to execute such contracts and grants. The Secretary is authorized to make or accept reimbursement for the cost of such activities. The Secretary is further authorized to undertake activities under this title (12 U.S.C. 1701z-1 et seq.) under cooperative agreements with industry and labor, agencies of State or local governments, educational institutions, and other organizations. He may enter into contracts with and receive funds from such agencies, institutions, and organizations, and may exercise any of the other powers vested in him by section 1701c(c) of this title.

(g) Information and data; restriction on use or identification

The Secretary is authorized to request and receive such information or data as he deems appropriate from private individuals and organizations, and from public agencies. Any such information or data shall be used only for the purposes for which it is supplied, and no publication shall be made by the Secretary whereby the information or data furnished by any particular person or establishment can be identified, except with the consent of such person or establishment.

113 STAT. 1106 PUBLIC LAW 106–74—OCT. 20, 1999

SEC. 524. SIZE LIMITATION FOR PROJECTS FOR PERSONS WITH

DISABILITIES.

(a) LIMITATION.—Section 811 of the Cranston-Gonzalez National

Affordable Housing Act (42 U.S.C. 8013) is amended—

(1) in subsection (k)(4), by inserting ‘‘, subject to the limitation

under subsection (h)(6)’’ after ‘‘prescribe’’; and

(2) in subsection (l), by adding at the end the following

new paragraph:

‘‘(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), not

more than 25 percent may be used for supportive housing

which contains more than 24 separate dwelling units.’’.

(b) STUDY.—Not later than the expiration of the 3-month period

beginning on the date of the enactment of this Act, the Secretary

of Housing and Urban Development shall conduct a study and

submit a report to the Congress regarding—

(1) the extent to which the authority of the Secretary

under section 811(k)(4) of the Cranston-Gonzalez National

Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect

immediately before the enactment of this Act, has been used

in each year since 1990 to provide for assistance under such

section for supportive housing for persons with disabilities

having more than 24 separate dwelling units;

(2) the per-unit costs of, and the benefits and problems

associated with, providing such housing in projects having eight

or less dwelling units, 8 to 24 units, and more than 24 units;

and

(3) the per-unit costs of, and the benefits and problems

associated with providing housing under section 202 of the

Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30

to 50 dwelling units, in projects having more than 50 but

not more than 80 dwelling units, in projects having more than

80 but not more than 120 dwelling units, and in projects

having more than 120 dwelling units, but the study shall also

examine the social considerations afforded by smaller and moderate-

size developments and shall not be limited to economic

factors.