42 USC 12704 - Definitions

1 So in original. Probably should be “(22)”.

The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.

2 So in original. Two pars. (24) have been enacted.

The term “insular area” means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.

Editorial Notes

References in Text

This Act, referred to in pars. (1), (2), (6), (16), and (21), is Puspan. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.

Amendments

1994—Par. (2). Puspan. L. 103–233 struck out “and” after “Columbia,” and inserted before period at end “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”.

1992—Par. (1). Puspan. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Puspan. L. 102–230, § 2(1), had not been enacted. See 1991 Amendment note below.

Par. (6). Puspan. L. 102–550, § 217(a), inserted concluding provisions.

Par. (8). Puspan. L. 102–550, § 218, inserted before period at end “and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”.

Par. (14)(C). Puspan. L. 102–550, § 219, added subpar. (C).

Par. (24). Puspan. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Puspan. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below.

Puspan. L. 102–486 added par. (24) defining “energy efficient mortgage”.

Par. (25). Puspan. L. 102–550, § 914(a), added par. (25).

1991—Par. (1). Puspan. L. 102–230, § 2(1), directed the substitution of “the insular areas” for “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands”. See 1992 Amendment note above.

Puspan. L. 102–229 struck out “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa,” after “of a State;”.

Par. (24). Puspan. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.” See 1992 Amendment note above.

Puspan. L. 102–229 added par. (24) defining “insular area”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–233 applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Puspan. L. 103–233, set out as a note under section 5301 of this title.

Effective Date of 1992 Amendment

Puspan. L. 102–550, title II, § 211(span), Oct. 28, 1992, 106 Stat. 3757, provided that:

“The amendments made by subsection (a) [amending this section and section 12747 of this title] shall apply with respect to fiscal year 1993 and thereafter.”

Puspan. L. 102–550, title II, § 223, Oct. 28, 1992, 106 Stat. 3762, provided that:

“The amendments made by this title [enacting section 12810 of this title and amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] in fiscal year 1992, except as otherwise specifically provided.”

Regulations

Puspan. L. 102–550, title II, § 222, Oct. 28, 1992, 106 Stat. 3762, provided that:

“The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title [enacting section 12810 of this title, amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title, and enacting provisions set out as notes under this section and sections 12746, 12747, and 12750 of this title] and the amendments made by this title not later than the expiration of the 180-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], except as expressly provided otherwise in this title and the amendments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (span)(B), and (d)(3) of such section).”

Transition Rule

Puspan. L. 102–550, title II, § 217(span), Oct. 28, 1992, 106 Stat. 3760, provided that:

“For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704(6)], the Secretary of Housing and Urban Development may provide an exception for organizations that meet the definition of community housing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such requirement within 6 months of receiving funds under title II of such Act [42 U.S.C. 12721 et seq.] or September 30, 1993, whichever is sooner.”