§ 213 ADMINISTRATION OF HUD PROGRAMS-POLICY DIRECTIVES EXCERPT FROM HOUSING AND COMMUNITY DEVELOPMENT [Public Law 93-383, 88 Stat. 633] LOCAL HOUSING ASSISTANCE PLANS; ALLOCATION OF HOUSING FUNDS SEC. 213. (a) (1) The Secretary of Housing and Urban Development, upon receiving an application for housing assistance under the United States Housing Act of 1937, section 235 or 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959, if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall— (A) not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and (B) afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan. (2) If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance Fan, the Secretary may not approve the application unless he deternes that the application is consistent with such housing assistance pan. If the Secretary determines, that such application is consistent with the housing assistance plan, he shall notify the chief executive officer of the unit of general local government of his determination and the reasons therefor in writing. If the Secretary concurs with the objection of the unit of local government, he shall notify the applicant stating the reasons therefor in writing. (3) If the Secretary does not receive an objection by the close of the period referred to in paragraph (1) (B), he may approve the application unless he finds it inconsistent with the housing assistance plan. If the Secretary determines that an application is inconsistent with a housing assistance plan, he shall notify the applicant stating the reasons there for in writing. (4) The Secretary shall make the determinations referred to in paragraphs (2) and (3) within thirty days after he receives an objection pursuant to paragraph (1) (B) or within thirty days after the close of the period referred to in paragraph (1)(B), whichever is earlier. (5) As used in this section, the term "housing assistance plan" means a housing assistance plan submitted and approved under section 104 of this Act or, in the case of a unit of general local government not participating under title I of this Act, a housing plan approved the Secretary as meeting the requirements of this section. (b) The provisions of subsection (a) shall not apply to (1) applications for assistance involving 12 or fewer units in single project or development; (2) applications for assistance with respect to housing in n community developments approved under title IV of the Housi and Urban Development Act of 1968 or title VII of the Housi and Urban Development Act of 1970 which the Secretary dete mines are necessary to meet the housing requirements under su title; or (3) applications for assistance with respect to housing financ by loans or loan guarantees from a State or agency thereof, e cept that the provisions of subsection (a) shall apply where t unit of general local government in which the assistance is to provided objects in its housing assistance plan to the exempti provided by this paragraph. (c) For areas in which an approved local housing assistance plan not applicable, the Secretary shall not approve an application for hou ing assistance unless he determines that there is a need for such assis ance, taking into consideration any applicable State housing plar and that there is or will be available in the area public facilities an services adequate to serve the housing proposed to be assisted. T Secretary shall afford the unit of general local government in whi the assistance is to be provided an opportunity, during a 30-day peri following receipt of an application by him, to provide comments information relevant to the determination required to be made by t Secretary under this subsection. (d) (1) In allocating financial assistance under the provisions of la specified in subsection (a) of this section, the Secretary, so far as pra ticable, shall consider the relative needs of different areas and co munities as reflected in data as to population, poverty, housing ove crowding, housing vacancies, amount of substandard housing, or oth objectively measurable conditions, subject to such adjustments may be necessary to assist in carrying out activities designed to me lower income housing needs as described in approved housing & sistance plans submitted by units of general local government combinations of such units assisted under section 107 (a) (2) of th Act. The Secretary shall assure, to the maximum extent practical in carrying out the national housing and community developme objectives, that funds available for each housing assistance progra referred to in subsection (a) shall be allocated or reserved in accor ance with goals described in local, State, or other housing assistan plans approved by the Secretary pursuant to section 104, and shall utilized to meet needs reflected in data referred to in the precedi sentence. The amount of assistance allocated to nonmetropolitan are pursuant to this section in any fiscal year shall not be less than 20 n more than 25 per centum of the total amount of such assistance. (2) In order to facilitate the provision of, and long-range planni for, housing for persons of low- and moderate-income in new comm nity developments approved under title IV of the Housing and Urb Development Act of 1968 and title VII of the Housing and Urb: 1 This sentence added by Housing and Community Development Act of 1977, Public L 95-128, approved Oct. 12, 1977. Development Act of 1970, the Secretary shall reserve such housing assistance funds as he deems necessary for use in connection with such new community developments. (3) The Secretary may reserve such housing assistance funds as he deems appropriate for use by a State or agency thereof. LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE SEC. 817. Assistance provided for in this Act, the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Demonstration Cities and Metropolitan Development Act of 1966, and the Housing and Urban Development Acts of 1965, 1968, 1969, and 1970 shall not be withheld or made subject to conditions or preference by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law. MORTGAGE PROCEEDS FRAUDULENTLY MISAPPROPRIATED BY MORTGAGOR SEC. 819. The Secretary of Housing and Urban Development shall take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that mortgage proceeds have been fraudulently misappropriated by the mortgagor. Approved August 22, 1974. FRAUD AND FALSE STATEMENTS [18 U.S.C. § 1001] STATEMENTS OR ENTRIES GENERALLY Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, contals or covers up by any trick, scheme, or device a material fact, or akes any false, fictitious or fraudulent statements or representalions, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. [18 U.S.C. § 1010] DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND FEDERAL HOUSING ADMINISTRATION TRANSACTIONS Whoever, for the purpose of obtaining any loan or advance of credit. from any person, partnership, association, or corporation with the inで Tent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the a ceptance, release, or substitution of any security on such a loan, a vance of credit, or for the purpose of influencing in any way the a tion of such Department, makes, passes, utters, or publishes any stat ment, knowing the same to be false, or alters, forges, or counterfei any instrument, paper, or document, or utters, publishes, or passes true any instrument, paper, or document, knowing it to have been a tered, forged, or counterfeited, or willfully overvalues any security, a set, or income, shall be fined not more than $5,000 or imprisoned n more than two years, or both. EXCERPT FROM THE YOUTH EMPLOYMENT AND DEMON STRATION PROJECTS ACT OF 1977 * [Public Law 95-93, 95th Congress] "SECRETARY'S DISCRETIONARY PROJECTS "SEC. 348. (a) (1) The Secretary of Labor is authorized, eithe directly or by way of contract or other arrangement, with prim sponsors, public agencies and private organizations to carry out inn vative and experimental programs to test new approaches for dealin with the unemployment problems of youth and to enable eligible pa ticipants to prepare for, enhance their prospects for, or secure employ ment in occupations through which they may reasonably be expecte to advance to productive working lives. Such programs shall includ where appropriate, cooperative arrangements with educational age cies to provide special programs and service for eligible participan enrolled in secondary schools, postsecondary educational institutio and technical and trade schools, including job experience, counselin and guidance prior to the completion of secondary or postseconda education and making available occupational, educational, and trai ing information through statewide career information systems. "(2) In carrying out or supporting such programs, the Secreta of Labor shall consult, as appropriate, with the Secretary of Con merce, the Secretary of Health, Education, and Welfare, the Secretar of Housing and Urban Development, the Secretary of Agricultur the Director of the ACTION Agency, and the Director of the Con munity Services Administration. "(3) Funds available under this section may be transferred to oth Federal departments and agencies to carry out functions delegated them pursuant to agreements with the Secretary. "(b) The Secretary and prime sponsors, as the case may be, sha give special consideration in carrying out innovative and experiment programs assisted under this section to community-based organiz tions which have demonstrated effectiveness in the delivery of emplo ment and training services, such as the Opportunities Industrializ tion Centers, the National Urban League, SER-Jobs for Progres Mainstream, Community Action Agencies, union-related organiz tions, employer-related nonprofit organizations, and other simil organizations, "(c) (1) In carrying out its responsibilities under this subsection and under section 161 of the Vocational Education Act, the National Occupational Information Coordinating Committee shall give special attention to the problems of unemployed youths. The Committee shall also carry out other activities consistent with the purposes of this title, including but not limited to the following: "(A) assisting and encouraging local areas to adopt methods of translating national aggregate occupational outlook data into local terms; "(B) Assisting and encouraging the development of State occupational information systems, to be used in the maintenance of local job banks and job vacancy reports, accessible to local schools, and including pilot programs in the use of computers to facilitate such access; "(C) in cooperation with State and local correctional agencies, encouraging programs of counseling and employment services for youth in correctional institutions; “(D) providing technical assistance for programs of computer on-line terminals and other facilities to utilize and implement occupational and career outlook information and projections supplied by State employment service offices and to improve the match of youth career desires with available and anticipated labor demand: "(E) in cooperation with State and local educational agencies, and other appropriate persons and organizations, encouraging programs to make available employment and career counseling to presecondary youths; and "(F) providing technical assistance for programs designed to encourage public and private employers to list all available job opportunities for youths with the appropriate eligible applicant conducting occupational information and career counseling programs, local public employment services offices and to encourage cooperation and contact among such eligible applicants, employers and offices. "(2) All funds available to the National Occupational Information Coordinating Committee under this Act and under section 161 of the Vocational Education Act may be used by the Committee to carry out any of its functions and responsibilities authorized by law. EXCERPT FROM HOUSING AND URBAN DEVELOPMENT ACT OF 1968 [Public Law 90-448, 82 Stat. 476; 12 U.S.C. 1701u et seq.] EMPLOYMENT OPPORTUNITIES FOR LOWER INCOME PERSONS IN SEC. 3. In the administration by the Secretary of Housing and 1 Immediately prior to amendment by sec. 404. Housing and Urban Development Act of 1969, Public Law 91-152, approved December 24, 1969, 83 Stat. 379, 395, the employment and work opportunities requirements of this section 3 were limited to the administration of the section 235 homeownership program, the section 236 rental assistance program, the section 221(d) (3) below-market-interest-rate program, public housing, and the rent supplement program. This amendment also deleted from the heading of section 3 the words "JOBS IN HOUSING”. |