12 USC 1701w

Page 461

§ 1701w

TITLE 12—BANKS AND BANKING

1969—Pub. L. 91–152 substituted provisions making applicable programs providing direct financial assistance
in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities,
and new community development, for provisions making applicable programs authorized by sections
1715l(d)(3), 1715z, and 1715z–1 of this title, the low-rent
public housing program under the United States Housing Act of 1937, and the rent supplement program under
section 101 of the Housing and Urban Development Act
of 1965.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out
as an Effective Date note under section 3101 of Title 29,
Labor.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–281, § 2(f), Sept. 22, 2006, 120 Stat. 1182, provided that: ‘‘This section [enacting former section 2918a
of Title 29, Labor, amending this section, section 4183 of
Title 25, Indians, former section 2939 of Title 29, and
section 12870 of Title 42, The Public Health and Welfare,
and repealing sections 12899 to 12899i of Title 42] and
the amendments made by this section take effect on
the earlier of—
‘‘(1) the date of enactment of this Act [Sept. 22,
2006]; and
‘‘(2) September 30, 2006.’’
EFFECTIVENESS STUDY
Pub. L. 102–550, title IX, § 916, Oct. 28, 1992, 106 Stat.
3881, provided that:
‘‘(a) IN GENERAL.—The Secretary of Housing and
Urban Development shall submit to the Congress, not
later than 1 year after the date of the enactment of this
Act [Oct. 28, 1992], a report describing—
‘‘(1) the Secretary’s efforts to enforce section 3 of
the Housing and Urban Development Act of 1968 [12
U.S.C. 1701u];
‘‘(2) the barriers to full implementation of section
3 of the Housing and Urban Development Act of 1968;
‘‘(3) the anticipated costs and benefits of full implementation of section 3 of the Housing and Urban Development Act of 1968; and
‘‘(4) recommendations for legislative changes to enhance the effectiveness of section 3 of the Housing
and Urban Development Act of 1968.
‘‘(b) CONTENTS.—
‘‘(1) ENFORCEMENT.—The description under subsection (a)(1) of the Secretary’s enforcement efforts
shall include, at a minimum—
‘‘(A) a discussion of how responsibility for implementing section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u] is allocated
within the Department of Housing and Urban Development;
‘‘(B) a discussion of the status of existing regulations implementing such section 3;
‘‘(C) a discussion of ongoing efforts to enforce
current regulations;
‘‘(D) a list of the programs under the responsibility of the Secretary with respect to which the Secretary is enforcing section 3; and
‘‘(E) a separate description of the activities carried out under section 3 with respect to each of
these programs.
‘‘(2) IMPEDIMENTS.—The discussion under subsection
(a)(2) of the external impediments to effective enforcement of section 3 of the Housing and Urban Development Act of 1968 shall include, at a minimum, a
discussion of—
‘‘(A) any lack of necessary training for targeted
employees and technical assistance to targeted
businesses;
‘‘(B) any barriers created by Federal, State, or
local procurement regulations or other laws;

‘‘(C) any difficulties in coordination with labor
unions;
‘‘(D) any difficulties in coordination with other
implicated Federal agencies; and
‘‘(E) any lack of resources on the part of recipients of assistance who are responsible for carrying
out section 3 of the Housing and Urban Development Act of 1968.
‘‘(c) CONSULTATION.—In preparing the report under
this subsection, the Secretary shall consult with the
Secretary of Labor, the Secretary of Commerce, the
Secretary of Health and Human Services, the Administrator of the Small Business Administration, other appropriate Federal officials, and recipients of Federal
housing and community development assistance who
are responsible for executing section 3 of the Housing
and Urban Development Act of 1968 [12 U.S.C. 1701u].’’

§ 1701v. Congressional findings and declaration
for improved architectural design in Government housing programs
The Congress finds that Federal aids to housing have not contributed fully to improvement
in architectural standards. This objective has
been contemplated in Federal housing legislation since the establishment of mortgage insurance through the Federal Housing Administration.
The Congress commends the Department of
Housing and Urban Development for its recent
efforts to improve architectural standards
through competitive design awards and in other
ways but at the same time recognizes that this
important objective requires high priority if
Federal aid is to make its full communitywide
contribution toward improving our urban environment.
The Congress further finds that even within
the necessary budget limitations on housing for
low and moderate income families architectural
design could be improved not only to make the
housing more attractive, but to make it better
suited to the needs of occupants.
The Congress declares that in the administration of housing programs which assist in the
provision of housing for low and moderate income families, emphasis should be given to encouraging good design as an essential component of such housing and to developing housing
which will be of such quality as to reflect its important relationship to the architectural standards of the neighborhood and community in
which it is situated, consistent with prudent
budgeting.
(Pub. L. 90–448, § 4, Aug. 1, 1968, 82 Stat. 477.)
CODIFICATION
Section was enacted as part of the Housing and Urban
Development Act of 1968, and not as part of the National Housing Act which comprises this chapter.

§ 1701w. Budget, debt management, and related
counseling services for mortgagors; authorization of appropriations
The Secretary of Housing and Urban Development is authorized to provide, or contract with
public or private organizations to provide, such
budget, debt management, and related counseling services to mortgagors whose mortgages are
insured under section 1715z(i) or (j)(4) of this
title as he determines to be necessary to assist
such mortgagors in meeting the responsibilities

§ 1701x

TITLE 12—BANKS AND BANKING

of homeownership. There are authorized to be
appropriated such sums as may be necessary to
carry out the provisions of this section.
(Pub. L. 90–448, title I, § 101(e), Aug. 1, 1968, 82
Stat. 484.)
CODIFICATION
Section was enacted as part of the Housing and Urban
Development Act of 1968, and not as part of the National Housing Act which comprises this chapter.

§ 1701x. Assistance with respect to housing for
low- and moderate-income families
(a) Authorization to provide information, advice,
and technical assistance; scope of assistance;
authorization of appropriations
(1) The Secretary is authorized to provide, or
contract with public or private organizations to
provide, information, advice, and technical assistance, including but not limited to—
(i) the assembly, correlation, publication,
and dissemination of information with respect
to the construction, rehabilitation, and operation of low- and moderate-income housing;
(ii) the provision of advice and technical assistance to public bodies or to nonprofit or cooperative organizations with respect to the
construction, rehabilitation, and operation of
low- and moderate-income housing, including
assistance with respect to self-help and mutual self-help programs;
(iii) counseling and advice to tenants and
homeowners with respect to property maintenance, financial management, and such other
matters as may be appropriate to assist them
in improving their housing conditions and in
meeting the responsibilities of tenancy or
homeownership; and
(iv) the provision of technical assistance to
communities, particularly smaller communities, to assist such communities in planning,
developing, and administering Community Development Programs pursuant to title I of the
Housing and Community Development Act of
1974 [42 U.S.C. 5301 et seq.].
(2) The Secretary (A) shall provide the services
described in clause (iii) of paragraph (1) for
homeowners assisted under section 235 of the
National Housing Act [12 U.S.C. 1715z]; (B) shall,
in consultation with the Secretary of Agriculture, provide such services for borrowers who
are first-time homebuyers with guaranteed
loans under section 502(h) of the Housing Act of
1949 [42 U.S.C. 1472(h)]; and (C) may provide such
services for other owners of single family dwelling units insured under title II of the National
Housing Act [12 U.S.C. 1707 et seq.] or guaranteed or insured under chapter 37 of title 38. For
purposes of this paragraph and clause (iii) of
paragraph (1), the Secretary may provide the
services described in such clause directly or may
enter into contracts with, make grants to, and
provide other types of assistance to private or
public organizations with special competence
and knowledge in counseling low- and moderateincome families to provide such services.
(3) There is authorized to be appropriated for
the purposes of this subsection, without fiscal
year limitation, such sums as may be necessary;
except that for such purposes there are author-

Page 462

ized to be appropriated $6,025,000 for fiscal year
1993 and $6,278,050 for fiscal year 1994. Of the
amounts appropriated for each of fiscal years
1993 and 1994, up to $500,000 shall be available for
use for counseling and other activities in connection with the demonstration program under
section 152 of the Housing and Community Development Act of 1992. Any amounts so appropriated shall remain available until expended.
(4) HOMEOWNERSHIP AND RENTAL COUNSELING
ASSISTANCE.—
(A) IN GENERAL.—The Secretary shall make
financial assistance available under this paragraph to HUD-approved housing counseling
agencies and State housing finance agencies.
(B) QUALIFIED ENTITIES.—The Secretary shall
establish standards and guidelines for eligibility of organizations (including governmental and nonprofit organizations) to receive
assistance under this paragraph, in accordance
with subparagraph (D).
(C) DISTRIBUTION.—Assistance made available under this paragraph shall be distributed
in a manner that encourages efficient and successful counseling programs and that ensures
adequate distribution of amounts for rural
areas having traditionally low levels of access
to such counseling services, including areas
with insufficient access to the Internet. In distributing such assistance, the Secretary may
give priority consideration to entities serving
areas with the highest home foreclosure rates.
(D) LIMITATION ON DISTRIBUTION OF ASSISTANCE.—
(i) IN GENERAL.—None of the amounts
made available under this paragraph shall be
distributed to—
(I) any organization which has been convicted for a violation under Federal law relating to an election for Federal office; or
(II) any organization which employs applicable individuals.
(ii) DEFINITION OF APPLICABLE INDIVIDUALS.—In this subparagraph, the term ‘‘applicable individual’’ means an individual
who—
(I) is—
(aa) employed by the organization in a
permanent or temporary capacity;
(bb) contracted or retained by the organization; or
(cc) acting on behalf of, or with the express or apparent authority of, the organization; and
(II) has been convicted for a violation
under Federal law relating to an election
for Federal office.
(E) GRANTMAKING PROCESS.—In making assistance available under this paragraph, the
Secretary shall consider appropriate ways of
streamlining and improving the processes for
grant application, review, approval, and
award.
(F) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated
$45,000,000 for each of fiscal years 2009 through
2012 for—
(i) the operations of the Office of Housing
Counseling of the Department of Housing
and Urban Development;