§ 1701z-6. — Special housing need research and demonstration authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701z-6]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701z-6. Special housing need research and demonstration
authority
(a) Special demonstrations of housing design, structure, facilities, and
amenities to meet needs of elderly, handicapped, etc.;
contracts, grants, and assistance by Secretary
In carrying out activities under section 1701z-1 of this title, the
Secretary may undertake special demonstrations to determine the housing
design, the housing structure, and the housing-related facilities, and
amenities most effective or appropriate to meet the needs of groups with
special housing needs including the elderly, the handicapped, the
displaced, single individuals, broken families, and large households.
For this purpose, the Secretary is authorized to enter into contracts
with, to make grants to, and to provide other types of assistance to
individuals and entities with special competence and knowledge to
contribute to the planning, development, design, and management of such
housing.
(b) Areas of preferential attention
In carrying out his functions under this section, the Secretary
shall give preferential attention to demonstrations which in his
judgment involve areas of housing user needs most neglected in past and
current research and demonstration efforts.
(c) Utilization of contract and loan authority of federally assisted
housing programs; setting aside of development, etc.,
requirements during testing
The Secretary is authorized to undertake demonstrations involving
the actual planning, development, and occupancy of housing utilizing the
contract and loan authority of any federally assisted housing program.
He is also authorized to set aside any development, construction,
design, and occupancy requirements, for the purposes of these
demonstrations, if in his judgment they inhibit the testing of housing
designed to meet the special housing needs.
(d) Evaluation of demonstration
In carrying out this section, the Secretary shall include, as part
of any demonstration, an evaluation of the demonstration to cover the
full experience involved in planning, development, and occupancy.
(e) Limitation on amounts available for research
In addition to any other contract or loan authority which the
Secretary may utilize under subsection (c) of this section, not more
than $10,000,000 from amounts approved in appropriation Acts shall be
available for research under this section.
(Pub. L. 91-609, title V, Sec. 507, as added Pub. L. 93-383, title VIII,
Sec. 815, Aug. 22, 1974, 88 Stat. 738.)
Codification
Section was enacted as part of the Housing and Urban Development Act
of 1970, and not as part of the National Housing Act which comprises
this chapter.
Indian Public Housing Early Childhood Development Demonstration Program
Pub. L. 101-625, title V, Sec. 518, Nov. 28, 1990, 104 Stat. 4201,
as amended by Pub. L. 102-550, title I, Sec. 124, Oct. 28, 1992, 106
Stat. 3709; Pub. L. 104-330, title V, Sec. 501(d)(1), Oct. 26, 1996, 110
Stat. 4042, authorized Secretary of Housing and Urban Development to
carry out demonstration program in low-income housing developed or
operated pursuant to a contract between the Secretary and an Indian
housing authority in the same manner as the demonstration program under
section 222 of Pub. L. 98-181 was carried out, and further provided for
funding for demonstration program, limitations, and report to Congress,
prior to repeal by Pub. L. 105-276, title V, Sec. 582(a)(7), Oct. 21,
1998, 112 Stat. 2643.
Demonstration Project for Assistance to Units of General Local
Government To Encourage Upgrading of Lower Income Family Housing
Pub. L. 98-181, title II, Sec. 225, Nov. 30, 1983, 97 Stat. 1191,
provided that:
``(a) The Congress finds that--
``(1) the Department of Health and Human Services spends in
excess of $5,000,000,000 annually for housing in the form of
allowances for shelter for public assistance recipients;
``(2) States administering the Department of Health and Human
Services public assistance program often specify shelter allowances
that have little relationship to the cost or the quality of the
housing in which public assistance recipients live;
``(3) at least 30 per centum of public assistance recipients
live in substandard housing;
``(4) the older rental buildings in which many public assistance
recipients live are in those neighborhoods that need the assistance
of the programs of the Department of Housing and Urban Development
for preservation and rehabilitation; and
``(5) there is the potential for improving housing for many
lower income families by coordinating State and local government
efforts in order to assure that families receiving public assistance
payments from the Department of Health and Human Services are able
to live in decent, safe, and sanitary housing.
``(b) The purpose of this section, therefore, is to provide
assistance to units of general local government and their designated
agencies in order to develop a program that will--
``(1) encourage the upgrading of housing occupied primarily by
lower income families, including families receiving assistance under
the aid for families with dependent children program established
under title IV of the Social Security Act [42 U.S.C. 601 et seq.];
and
``(2) provide for better coordination at the local level of the
efforts to assist families receiving public assistance from the
Department of Health and Human Services so that these families will
be able to occupy affordable housing that is decent, safe, and
sanitary and that, if necessary, is rehabilitated with funds
provided by the Department of Housing and Urban Development.
``(c) The Secretary of Housing and Urban Development (hereafter
referred to in this section as the `Secretary') shall, to the extent
approved in appropriation Acts, establish and maintain a demonstration
project to carry out the purpose described in subsection (b).
``(d) In carrying out such project, the Secretary shall make grants
to units of general local government, or designated agencies thereof, to
carry out administrative plans approved by the Secretary in accordance
with subsection (e), and the Secretary may make grants to States to
provide technical assistance for the purpose of assisting such units of
general local government to develop and carry out such plans.
``(e)(1) Grants may be made to States and units of general local
government and agencies thereof that apply for them in a manner and at a
time determined by the Secretary and that, in the case of units of
general local government and their agencies, are selected on the basis
of an administrative plan described in such application.
``(2) No such administrative plan shall be selected by the Secretary
unless it sets forth a plan for local government activities that are
designed to--
``(A) require or encourage owners of rental housing occupied by
lower income families to bring such housing into compliance with
local housing codes;
``(B) provide technical assistance, loans, or grants to assist
owners described in subparagraph (A) to undertake cost-effective
improvements of such housing;
``(C) work with the State to establish and implement a schedule
of local shelter allowances for recipients of assistance under title
IV of the Social Security Act [42 U.S.C. 601 et seq.] based on
building quality that will be applicable to buildings involved in
this program; and
``(D) coordinate local housing inspection, housing
rehabilitation loan or grant assistance, rental assistance, and
social service programs for the purpose of improving the quality and
affordability of housing for lower income families.
``(3) Funds received from any grant made by the Secretary to a unit
of general local government shall be made available for use according to
the administrative plans and may be used for--
``(A) technical assistance or financial assistance to property
owners to upgrade housing projects described in paragraph (2)(A) of
this subsection;
``(B) temporary rental assistance to families who live in
buildings assisted under this program and who are eligible for, but
are not receiving, assistance under section 8 of the United States
Housing Act of 1937 [42 U.S.C. 1437f], except that such families
shall not include families receiving assistance under title IV of
the Social Security Act [42 U.S.C. 601 et seq.], and the amount of
such rental assistance may not exceed 20 per centum of each grant
received under this section;
``(C) housing counseling and referral and other housing related
services;
``(D) expenses incurred in administering the program carried out
with funds received under this section, except that such expenses
may not exceed 10 per centum of the grant received under this
section; and
``(E) other appropriate activities that are consistent with the
purposes of this section and that are approved by the Secretary.
``(f) Any recipient of a grant from the Secretary under this section
shall agree to--
``(1) contribute to the program an amount equal to 15 per centum
of the funds received from the Secretary under this section, and the
Secretary shall permit the recipient to meet this requirement by the
contribution of the value of services carried out specifically in
connection with the program assisted under this section;
``(2) permit the Secretary and the General Accounting Office to
audit its books in order to assure that the funds received under
this section are used in accordance with the section; and
``(3) other terms and conditions prescribed by the Secretary for
the purpose of carrying out this section in an effective and
efficient manner.
``(g) In making grants available under this section, the Secretary
shall select as recipients at least 20 units of general local government
(or their designated agencies). The selection of proposals for funding
shall be based on criteria that result in a selection of projects that
will enable the Secretary to carry out the purpose of this section in an
effective and efficient manner and provide a sufficient amount of data
necessary to make an evaluation of the demonstration project carried out
under this section.
``(h)(1) Not later than June 1, 1984, the Secretary shall transmit
to the Congress an interim report on the implementation of the
demonstration under this section.
``(2) The Secretary shall transmit, not later than October 1, 1985,
to both Houses of the Congress a detailed report concerning the findings
and conclusions that have been reached by the Secretary as a result of
carrying out this section, along with any legislative recommendations
that the Secretary determines are necessary.
``(i) To carry out this section, there are authorized to be
appropriated not to exceed $10,000,000 during fiscal year 1984, and not
to exceed $15,000,000 during fiscal year 1985, to remain available until
expended.''
Public Housing Early Childhood Development Program
Pub. L. 98-181, title II, Sec. 222, Nov. 30, 1983, 97 Stat. 1188, as
amended by Pub. L. 100-242, title I, Sec. 117, Feb. 5, 1988, 101 Stat.
1826; Pub. L. 100-628, title X, Sec. 1002, Nov. 7, 1988, 102 Stat. 3263;
Pub. L. 101-625, title V, Sec. 517, Nov. 28, 1990, 104 Stat. 4200; Pub.
L. 102-550, title I, Sec. 123, Oct. 28, 1992, 106 Stat. 3709, which
authorized Secretary of Housing and Urban Development to carry out
demonstration program of making grants to nonprofit organizations to
assist in providing early childhood development services in or near
lower income housing projects, and required report to Congress setting
forth findings and conclusions not later than three years after Feb. 5,
1988, was repealed by Pub. L. 105-276, title V, Sec. 582(a)(6), Oct. 21,
1998, 112 Stat. 2643.
Public Housing Security
Pub. L. 96-399, title II, Sec. 209, Oct. 8, 1980, 94 Stat. 1635,
provided that:
``(a) This section may be cited as the `Public Housing Anti-Crime
Amendments of 1980'.
``(b) The Congress finds that--
``(1) public housing and surrounding neighborhoods continue to
suffer substantially from rising crime and the fear of crime;
``(2) funding to provide more security for public housing can be
used to leverage funding from other sources and thereby produce more
successful anti-crime efforts;
``(3) the effects of inflation and the need for reductions in
the budget of the Federal Government result in a need for more co-
targeting of Federal and local anti-crime resources;
``(4) as authorized by the Public Housing Security Demonstration
Act of 1978 [set out below], the Urban Initiatives Anti-Crime
Program has performed in a promising manner; and
``(5) the First Annual Report to Congress of the Urban
Initiatives Anti-Crime Program and the two General Accounting Office
reports to Congress on such Program have provided useful suggestions
which can now be implemented.
``(c) It is, therefore, the purpose of this section to continue the
efforts of the Urban Initiatives Anti-Crime Program so that more
progress can be made in providing secure, decent, safe, and sanitary
dwelling units for low-income and elderly tenants in public housing
projects.
``(d) [This subsection amended section 207 of Pub. L. 95-557, set
out below.].''
Pub. L. 95-557, title II, Sec. 207, Oct. 31, 1978, 92 Stat. 2093, as
amended by Pub. L. 96-399, title II, Sec. 209(d), Oct. 8, 1980, 94 Stat.
1635; Pub. L. 98-479, title II, Sec. 201(i), Oct. 17, 1984, 98 Stat.
2228; Pub. L. 103-82, title IV, Sec. 405(c), Sept. 21, 1993, 107 Stat.
921, provided that:
``(a) This section may be cited as the `Public Housing Security
Demonstration Act of 1978'.
``(b)(1) The Congress finds that--
``(A) low-income and elderly public housing residents of the
Nation have suffered substantially from rising crime and violence,
and are being threatened as a result of inadequate security
arrangements for the prevention of physical violence, theft,
burglary, and other crimes;
``(B) older persons generally regard the fear of crime as the
most serious problem in their lives, to the extent that one-fourth
of all Americans over 65 voluntarily restrict their mobility because
of it;
``(C) crime and the fear of crime have led some residents to
move from public housing projects;
``(D) an integral part of successfully providing decent, safe,
and sanitary dwellings for low-income persons is to insure that the
housing is secure;
``(E) local public housing authorities may have inadequate
security arrangements for the prevention of crime and vandalism; and
``(F) action is needed to provide for the security of public
housing residents and to preserve the Nation's investment in its
public housing stock.
``(2) It is, therefore, declared to be the policy of the United
States to provide for a demonstration and evaluation of effective means
of mitigating crime and vandalism in public housing projects, in order
to provide a safe living environment for the residents, particularly the
elderly residents, of such projects.
``(c)(1) The Secretary of Housing and Urban Development shall
promptly initiate and carry out during the fiscal year beginning on
October 1, 1978, to the extent approved in appropriation Acts, a program
for the development, demonstration, and evaluation of improved,
innovative community anticrime and security methods, concepts and
techniques which will mitigate the level of crime in public housing
projects and their surrounding neighborhoods.
``(2) In selecting public housing projects to receive assistance
under this section, the Secretary shall assure that a broad spectrum of
project types, locations and tenant populations are represented and
shall consider at least the following: the extent of crime and vandalism
currently existing in the projects; the extent, nature and quality of
community anticrime efforts in the projects and surrounding areas; the
extent, nature and quality of police and other protective services
available to the projects and their tenants; the demand for public
housing units in the locality, the vacancy rate, and extent of
abandonment of such units; and the characteristics and needs of the
public housing tenants.
``(3) In selecting the anticrime and security methods, concepts and
techniques to be demonstrated under this section, the Secretary shall
consider the improvement of physical security equipment or dwelling
units in those projects, social and environmental design improvements,
tenant awareness and volunteer programs, tenant participation and
employment in providing security services, and such other measures as
deemed necessary or appropriate by the Secretary. Particular attention
shall be given to comprehensive community anticrime and security plans
submitted by public housing authorities which (i) provide for
coordination between public housing management and local law enforcement
officials, or (ii) coordinate resources available to the community
through programs funded by the Law Enforcement Assistance
Administration, the Department of Health and Human Services, the
Department of Labor, the Community Services Administration, and the
Corporation for National and Community Service, or other Federal or
State agencies.
``(4) In carrying out the provisions of this section, the Secretary
shall coordinate and jointly target resources with other agencies,
particularly the Law Enforcement Assistance Administration, the
Department of Health and Human Services, the Department of Labor, the
Department of Justice, the Department of the Interior, the Department of
Commerce, the Department of Education, the Corporation for National and
Community Service, the Community Services Administration, and State and
local agencies.
``(5) In order to assess the impact of crime and vandalism in public
housing projects, the Secretary may, as part of the Annual Housing
Survey conducted by the Department of Housing and Urban Development or
by other means, collect data on crime and vandalism and integrate the
data collection with the victimization surveys undertaken by the
Department of Justice and the Department of Commerce.
``(6) The Secretary shall, to the maximum extent practicable,
utilize information derived from the program authorized by this section
for assisting in establishing (A) guidelines to be used by public
housing authorities in determining strategies to meet the security needs
of tenants of public housing projects assisted under the United States
Housing Act of 1937 [42 U.S.C. 1437 et seq.] other than under section 8
of such Act [42 U.S.C. 1437f], and (B) guidelines for improvements
relating to the security of projects (and the tenants living in such
projects) assisted under section 14 of such Act [42 U.S.C. 1437l].
``(d) The Secretary shall initiate and carry out a survey of crime
and vandalism existing in the Nation's public housing projects. The
survey shall include the nature, extent and impact of crime and
vandalism and the nature and extent of resources currently available and
employed to alleviate crime and vandalism in public housing.
``(e) The Secretary shall report to the Congress not later than
eighteen months after the date of enactment of the Housing and Community
Development Act of 1980 [Oct. 8, 1980]. Such report shall include the
results of the survey on crime and vandalism in public housing; findings
from the demonstration and evaluation of various methods of reducing the
level of crime; and legislative recommendations, if appropriate for (A)
a comprehensive program to increase security in public housing projects
and (B) increasing the coordination between anticrime programs of other
State and Federal agencies that may be used by public housing
authorities. Any recommendations shall include estimated costs of such
programs.
``(f) Of the additional authority approved in appropriation Acts
with respect to entering into annual contributions contracts under
section 5(c) of the United States Housing Act of 1937 [42 U.S.C.
1437c(c)] for the fiscal year beginning on October 1, 1978, the
Secretary may utilize up to $12,000,000 of such authority in the fiscal
year beginning on October 1, 1978, for the establishment of the public
housing security demonstration program authorized by this section. Of
the authority approved in appropriation Acts for the purpose of entering
into annual contributions contracts under section 5(c) of the United
States Housing Act of 1937 with respect to the fiscal year beginning on
October 1, 1980, the Secretary may enter into contracts to carry out
this section, except that the aggregate amount obligated over the
duration of such contracts may not exceed $10,000,000.''