Page:United States Statutes at Large Volume 105 Part 1.djvu/785

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PUBLIC LAW 102-139—OCT. 28, 1991 105 STAT. 757 ing that the housing supply of a local market area is inadequate, which shall require— "(1)(A) information regarding housing market conditions showing that the supply of rental housing affordable by very low-income families is inadequate, taking into account vacancy rates in such housing and other market indicators; and "(B) evidence that significant numbers of families in the local market area holding certificates and vouchers under section 8 are experiencing significant difficulty in leasing housing meeting program and family-size requirements; or "(2) evidence that the proposed development would provide increased housing opportunities for minorities or address special housing needs.". Section 14(k)(5)(A) of the Housing Act of 1937, as amended, is 42 USC 1437/. hereby amended as follows: (1) by striking in the first sentence thereof the word "initial"; (2) in subsection (i) thereof by substituting the phrase "for each of the preceding three fiscal years" for the phrase "for each of fiscal years of 1989, 1990 and 1991"; and (3) by adding a new subsection (iii) as follows: "(iii) In determining whether an agency is 'troubled with respect to the modernization program', the Department shall consider only the agency s ability to carry out that program effectively based upon the agency's capacity to accomplish the physical work: (a) with decent quality; (b) in a timely manner; (c) under competent contract administration; and (d) with adequate budget controls. No other criteria shall be applied in the determination.". Section 14(k)(5)(E) of said Act is repealed. No appropriated funds may be used to implement the rule proposed in 56 FR 45814, September 6, 1991, relating to "Low-Income Public and Indian Housing— -Vacancy Rule" or any revision thereof or any other rule related or similar thereto. Section 6(j)(l) of the Housing Act of 1937, 42 U.S.C. 1437dO')(l) section 502(a) of the National Affordable Housing Act, is amended as follows: (1) by adding at the end of subparagraph (H) the following language: "which shall not exceed the seven factors in the statute, plus an additional five"; and (2) by adding as subparagraph (I) the following: "(I) The Secretary shall: "(1) administer the system of evaluating public housing agencies flexibly to ensure that such agencies are not penalized as result of circumstances beyond their control; "(2) reflect in the weights assigned to the various indicators the differences in the difficulty of managing individual projects that result from their physical condition and their neighborhood environment; and "(3) determine a public housing agency's status as 'trouljled with respect to the program under section 14' based upon factors solely related to its ability to carry out that program.". The Secretary shall cancel the indebtedness of the Sale Creek Tennessee. Utility District in Soddy Daisy, Tennessee, relating to public facilities loan (Project No. TN 40-PFL0071) issued May 1, 1962. The Sale Creek Utility District in Soddy Daisy is relieved of all liability to the