[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 5198-5216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2702]




[[Page 5197]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Part 0, et al.



General HUD Program Requirements; Cross-Cutting Requirements; Final 
Rule

  Federal Register / Vol. 61, No. 28, Friday, February 9, 1996 / Rules 
and Regulations  

[[Page 5198]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Parts 0, 4, 5, 8, 12, 15, 16, 17, 27, 28, 30, 35, 40, 51, 
52, 91, 92, 100, 103, 104, 107, 109, 110, 111, 125, 135, 146, 200, 
201, 203, 206, 213, 215, 219, 220, 221, 231, 232, 234, 235, 236, 
237, 248, 260, 261, 265, 280, 290, 291, 511, 570, 572, 574, 576, 
582, 583, 585, 590, 594, 597, 700, 750, 760, 791, 792, 799, 811, 
813, 850, 880, 881, 882, 883, 884, 885, 886, 887, 889, 890, 899, 
901, 904, 913, 941, 942, 945, 960, 961, 962, 963, 964, 965, 968, 
999, 3280, 3282, and Chapters XI and XV

[Docket No. FR-3940-F-01]
RIN 2501-AC02


General HUD Program Requirements: Cross-Cutting Requirements

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: To eliminate redundancy in several HUD program regulations 
which repeat requirements that are applicable to two or more HUD 
programs, this final rule establishes a new part 5 that will contain: 
Definitions that are commonly found in many HUD program regulations; 
the list of other Federal requirements that are generally applicable to 
most HUD programs; and waiver authority (i.e., authority to waive 
regulatory provisions). The consolidation of the above-noted provisions 
in a single part will present uniformity, and assist program 
participants in identifying those requirements that cut across several 
of the HUD programs.
    Furthermore, this final rule amends 24 CFR part 40 to conform to 
HUD's recently published rule eliminating obsolete or unnecessary parts 
and subparts from title 24 of the Code of Federal Regulations.

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General 
Counsel for Regulations, Office of General Counsel, Room 10276, 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410, telephone (202) 708-3055. Hearing- or speech-
impaired individuals may call HUD's TDD number (202) 708-9300 or 1-800-
877-8399 (Federal Information Relay Service TDD). (Other than the 
``800'' number, these are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. Background.

A. Consolidation of HUD Program Requirements

    President Clinton's March 4, 1995 memorandum, Regulatory 
Reinvention, directed the heads of the Federal departments and agencies 
to review all existing regulations and to eliminate those requirements 
found to be obsolete or unnecessary. The department and agency chiefs 
were further directed to revise other regulations to increase 
flexibility and reduce regulatory burden.
    HUD's page-by-page review evidenced that there are several 
requirements that are applicable to several HUD funded programs. To 
eliminate redundancy in the program regulations that repeat 
requirements, and to assist program participants in identifying 
requirements and procedures that are uniform in many HUD programs, this 
final rule creates a new part 5 containing: (1) Definitions that are 
used generally in HUD programs; (2) the list of other Federal 
requirements; and (3) waiver authority (i.e., authority to waive 
regulatory provisions). This final rule also amends HUD's program 
regulations that contain these common definitions or Federal 
requirements to remove these definitions and Federal requirements from 
these individual regulations and provide a cross-reference to part 5. 
Definitions or Federal requirements used only in a particular program, 
or common definitions defined differently for a particular program, 
will remain in the program regulations. The Department believes that 
placing common definitions and those Federal requirements generally 
applicable to several HUD programs in a new part 5 simplifies the 
structure of HUD's regulations by removing duplicative regulations, and 
also allows the user to determine which definitions are common to many 
HUD programs and which Federal requirements are considered cross-
cutting requirements.
    The general waiver provision established by this final rule permits 
the Secretary of HUD, upon a finding of good cause, to waive any non-
statutory requirement in title 24. Currently, several program 
regulations authorize waivers only if the Secretary determines that 
application of the regulatory requirements will result in ``undue 
hardship'' to program participants and have an ``adverse effect'' on 
the purposes of the program. Although the waiver provision of part 5 
uses a ``good cause'' standard, this final rule does not represent a 
change in policy. ``Undue hardship'' and ``adverse effect'' are merely 
subcategories of ``good cause.'' Accordingly, this final rule will not 
alter the criteria the Secretary currently uses to make waiver 
determinations.

B. Conforming Amendment to Part 40

    On September 11, 1995 (60 FR 47260), HUD published a final rule 
eliminating obsolete parts and codified guidance from title 24 of the 
Code of Federal Regulations. Among the guidance eliminated by the 
September 11, 1995 rule was appendix A to part 40, which codified the 
Accessibility Standards for Publicly Owned Residential Structures. 
Since the guidelines are easily obtainable elsewhere, codification in 
title 24 was unnecessary. This final rule creates a new Sec. 40.7 which 
informs readers where they may obtain a copy of the accessibility 
guidelines.

C. Additional Consolidations To Be Included in Part 5

    HUD intends future rulemakings that will amend part 5 to include 
other program requirements that are found in several programs 
regulations and that would benefit by having the requirements 
consolidated and set forth in part 5.

II. Justification for Final Rulemaking

    It is HUD's policy to publish rules for public comment before their 
issuance for effect, in accordance with its own regulations on 
rulemaking found at 24 CFR part 10. However, part 10 provides that 
prior public procedure will be omitted if HUD determines that it is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1). HUD finds that in this case prior public comment is 
unnecessary because the consolidation of frequently repeated 
definitions and program requirements does not affect or establish 
policy. This final rule does not establish or eliminate program 
requirements. Rather, in order to eliminate redundancy, this rule 
relocates these generally applicable requirements to a new part in 
title 24 of the CFR.

III. Other Matters

A. Environmental Impact
    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implements section 102(2)(C) of the National Environmental Policy 
Act of 1969. The Finding of No Significant Impact is available for 
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk. Office of General Counsel, Department 
of Housing and Urban 

[[Page 5199]]
Development, Room 10276, 451 Seventh Street, SW, Washington, DC 20410.

B. Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this final rule will not have substantial direct effects 
on States or their political subdivisions, or the relationship between 
the Federal government and the States, or on the distribution of power 
and responsibilities among the various levels of government. 
Specifically, this rule merely consolidates requirements applicable to 
all or most HUD programs in a single part. It effects no changes in the 
current relationships between the Federal government, the States and 
their political subdivisions in connection with these programs.

C. Executive Order 12606, the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule does not have 
potential for significant impact on family formation, maintenance, and 
general well-being, and thus, is not subject to review under the order. 
No significant change in existing HUD policies or programs will result 
from promulgation of this rule, as those policies and programs relate 
to family concerns.

D. Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. This final rule merely 
establishes a new part for frequently repeated program requirements, 
and will not have any meaningful economic impact on any entity.

List of Subjects

24 CFR Part 0

    Administrative practice and procedure, Conflict of interests.

24 CFR Part 4

    Administrative practice and procedure, Government employees, Grant 
programs--housing and community development, Investigations, Loan 
programs--housing and community development, Penalties, Reporting and 
recordkeeping requirements.

24 CFR Part 5

    Administrative practice and procedure.

24 CFR Part 8

    Administrative practice and procedure, Civil rights, Equal 
employment opportunity, Grant programs--housing and community 
development, Individuals with disabilities, Loan programs--housing and 
community development, Reporting and recordkeeping requirements.

24 CFR Part 12

    Administrative practice and procedure, Grant programs--housing and 
community development, Loan programs--housing and community 
development, Reporting and recordkeeping requirements.

24 CFR Part 15

    Classified information, Courts, Freedom of information, Government 
employees, Reporting and recordkeeping requirements.

24 CFR Part 16

    Privacy.

24 CFR Part 17

    Administrative practice and procedure, Claims, Government 
employees, Income taxes, Wages.

24 CFR Part 27

    Administrative practice and procedure, Loan programs--housing and 
community development.

24 CFR Part 28

    Administrative practice and procedure, Claims, Fraud, Penalties.

24 CFR Part 30

    Administrative practice and procedure, Grant programs--housing and 
community development, Loan programs--housing and community 
development, Mortgages, Penalties.

24 CFR Part 35

    Grant programs--housing and community development, Lead poisoning, 
Mortgage insurance, Rent subsidies, Reporting and recordkeeping 
requirements.

24 CFR Part 40

    Individuals with disabilities, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 51

    Environmental protection, Airports, Hazardous substances, Housing 
standards, Noise control.

24 CFR Part 52

    Intergovernmental relations.

24 CFR Part 91

    Aged, Grant programs--housing and community development, Homeless, 
Individuals with disabilities, Low and moderate income housing, 
Reporting and recordkeeping requirements.

24 CFR Part 92

    Administrative practice and procedure, Grant programs--housing and 
community development, Grant programs--Indians, Indians, Low and 
moderate income housing, Manufactured homes, Rent subsidies, Reporting 
and recordkeeping requirements.

24 CFR Part 100

    Aged, Fair housing, Individuals with disabilities, Mortgages, 
Reporting and recordkeeping requirements.

24 CFR Part 103

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Intergovernmental relations, 
Investigations, Mortgages, Penalties, Reporting and recordkeeping 
requirements.

24 CFR Part 104

    Administrative practice and procedure, Aged, Fair housing, 
Individuals with disabilities, Mortgages, Penalties.

24 CFR Part 107

    Administrative practice and procedure, Fair housing, Grant 
programs--housing and community development, Loan programs--housing and 
community development, Religious discrimination, Reporting and 
recordkeeping requirements, Sex discrimination.

24 CFR Part 109

    Administrative practice and procedure, Equal employment 
opportunity, Government contracts, Housing, Reporting and recordkeeping 
requirements.

24 CFR Part 110

    Aged, Fair housing, Individuals with disabilities, Mortgages, Signs 
and symbols.

24 CFR Part 111

    Fair housing, Grant programs--housing and community development, 
Reporting and recordkeeping requirements. 

[[Page 5200]]


24 CFR Part 125

    Fair housing, Grant programs--housing and community development, 
Reporting and recordkeeping requirements.

24 CFR Part 135

    Administrative practice and procedure, Community development, Equal 
employment opportunity, Government contracts, Grant programs--housing 
and community development, Housing, Loan programs--housing and 
community development, Reporting and recordkeeping requirements, Small 
businesses.

24 CFR Part 146

    Administrative practice and procedure, Aged, Civil rights, Grant 
programs--housing and community development, Loan programs--housing and 
community development, Reporting and recordkeeping requirements.

24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Home improvement, Housing standards, 
Incorporation by reference, Lead poisoning, Loan programs--housing and 
community development, Minimum property standards, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social Security, Unemployment 
compensation, Wages.

24 CFR Part 201

    Health facilities, Historic preservation, Home improvement, Loan 
programs--housing and community development, Manufactured homes, 
Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 203

    Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and 
recordkeeping requirements, Solar energy.

24 CFR Part 206

    Aged, Condominiums, Loan programs--housing and community 
development, Mortgage insurance, Reporting and recordkeeping 
requirements.

24 CFR Part 213

    Cooperatives, Mortgage insurance, Reporting and recordkeeping 
requirements.

24 CFR Part 215

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 219

    Loan programs--housing and community development, Low and moderate 
income housing, Reporting and recordkeeping requirements.

24 CFR Part 220

    Home improvement, Loan programs--housing and community development, 
Mortgage insurance, Reporting and recordkeeping requirements, Urban 
renewal.

24 CFR Part 221

    Low and moderate income housing, Mortgage insurance, Reporting and 
recordkeeping requirements.

24 CFR Part 231

    Aged, Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 232

    Fire prevention, Health facilities, Loan programs--health, Loan 
programs--housing and community development, Mortgage insurance, 
Nursing homes, Reporting and recordkeeping requirements.

24 CFR Part 234

    Condominiums, Mortgage insurance, Reporting and recordkeeping 
requirements.

24 CFR Part 235

    Condominiums, Cooperatives, Grant programs--housing and community 
development, Low and moderate income housing, Mortgage insurance, 
Reporting and recordkeeping requirements.

24 CFR Part 236

    Grant programs--housing and community development, Low and moderate 
income housing, Mortgage insurance, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 237

    Grant programs--housing and community development, Low and moderate 
income housing, Mortgage insurance.

24 CFR Part 248

    Intergovernmental relations, Loan programs--housing and community 
development, Low and moderate income housing, Mortgage insurance, 
Reporting and recordkeeping requirements.

24 CFR Part 260

    Grant programs--housing and community development, Low and moderate 
income housing.

24 CFR Part 261

    Drug abuse, Drug traffic control, Grant programs--housing and 
community development, Grant programs--low and moderate income housing, 
Reporting and recordkeeping requirements.

24 CFR Part 265

    Mortgage insurance.

24 CFR Part 280

    Community development, Grant programs--housing and community 
development, Loan programs--housing and community development, Low and 
moderate income housing, Nonprofit organizations, Reporting and 
recordkeeping requirements.

24 CFR Part 290

    Low and moderate income housing, Mortgage insurance.

24 CFR Part 291

    Community facilities, Conflict of interests, Homeless, Lead 
poisoning, Low and moderate income housing, Mortgages, Reporting and 
recordkeeping requirements, Surplus government property.

24 CFR Part 511

    Administrative practice and procedure, Grant programs--housing and 
community development, Lead poisoning, Low and moderate income housing, 
Reporting and recordkeeping requirements, Technical assistance.

24 CFR Part 570

    Administrative practice and procedure, American Samoa, Community 
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan 
programs--housing and community development, Low and moderate income 
housing, New communities, Northern Mariana Islands, Pacific Islands 
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and 
recordkeeping requirements, Small cities, Student aid, Virgin Islands.

24 CFR Part 572

    Condominiums, Cooperatives, Fair housing, Government property, 
Grant programs--housing and community development, Low and moderate 
income housing, Nonprofit organizations, Reporting and recordkeeping 
requirements. 

[[Page 5201]]


24 CFR Part 574

    AIDS, Community facilities, Disabled, Emergency shelter, Grant 
programs--health programs, Grant programs--housing and community 
development, Grant programs--social programs, Homeless, Housing, Low 
and moderate income housing, Nonprofit organizations, Rent subsidies, 
Reporting and recordkeeping requirements, Technical assistance.

24 CFR Part 576

    Community facilities, Emergency shelter grants, Grant programs--
housing and community development, Grant programs--social programs, 
Homeless, Reporting and recordkeeping requirements.

24 CFR Part 582

    Homeless, Rent subsidies, Reporting and recordkeeping requirements, 
Supportive housing programs--housing and community development, 
Supportive services.

24 CFR Part 583

    Homeless, Rent subsidies, Reporting and recordkeeping requirements, 
Supportive housing programs--housing and community development, 
Supportive services.

24 CFR Part 585

    Grant programs--housing and community development, Homeless, Low 
and very low-income families, Reporting and recordkeeping requirements.

24 CFR Part 590

    Government property, Housing, Intergovernmental relations, Low and 
moderate income housing, Reporting and recordkeeping requirements, 
Urban renewal.

24 CFR Part 594

    Community development, Grant programs--housing and community 
development, Reporting and recordkeeping requirements, Urban renewal.

24 CFR Part 597

    Community development, Empowerment zones, Enterprise communities, 
Economic development, Housing, Indians, Intergovernmental relations, 
Reporting and recordkeeping requirements, Urban renewal.

24 CFR Part 700

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Low and moderate income housing, 
Nutrition, Public housing, Rent subsidies, Reporting and recordkeeping 
requirements, Supportive services.

24 CFR Part 750

    Grant programs--housing and community development, Indians, 
Intergovernmental relations, Loan programs--housing and community 
development, Public housing, Rent subsidies, Reporting and 
recordkeeping requirements, Social Security.

24 CFR Part 760

    Grant programs--housing and community development, Income 
verification procedures, Indians, Intergovernmental relations, Loan 
programs--housing and community development, Penalties, Public housing, 
Rent subsidies, Reporting and recordkeeping requirements, Wages.

24 CFR Part 791

    Grant programs--housing and community development, Indians, 
Intergovernmental relations, Public housing, Rent subsidies.

24 CFR Part 792

    Fraud, Grant programs--housing and community development, Rent 
subsidies, Reporting and recordkeeping requirements.

24 CFR Part 799

    Grant programs--housing and community development, Indians, 
Intergovernmental relations, Public housing, Rent subsidies.

24 CFR Part 811

    Public housing, Securities, Taxes.

24 CFR Part 813

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements, Utilities.

24 CFR Part 850

    Grant programs--housing and community development, Low and moderate 
income housing, Reporting and recordkeeping requirements.

24 CFR Part 880

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 881

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 882

    Grant programs--housing and community development, Homeless, Lead 
poisoning, Manufactured homes, Rent subsidies, Reporting and 
recordkeeping requirements.

24 CFR Part 883

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 884

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements, Rural areas.

24 CFR Part 885

    Aged, Individuals with disabilities, Loan programs--housing and 
community development, Low and moderate income housing, Reporting and 
recordkeeping requirements.

24 CFR Part 886

    Grant programs--housing and community development, Lead poisoning, 
Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 887

    Grant programs--housing and community development, Rent subsidies, 
Reporting and recordkeeping requirements.

24 CFR Part 889

    Aged, Capital advance programs, Grant programs--housing and 
community development, Loan programs--housing and community 
development, Low and moderate income housing, Rent subsidies, Reporting 
and recordkeeping requirements.

24 CFR Part 890

    Civil rights, Grant programs--housing and community development, 
Individuals with disabilities, Loan programs--housing and community 
development, Low and moderate income housing, Mental health programs, 
Reporting and recordkeeping requirements.

24 CFR Part 899

    Grant programs--housing and community development, Low and moderate 
income housing, Rent subsidies.

24 CFR Parts 901

    Administrative practice and procedure, Public housing, Reporting 
and recordkeeping requirements.

24 CFR Part 904

    Grant programs--housing and community development, Loan 

[[Page 5202]]
    programs--housing and community development, Public housing.

24 CFR Part 913

    Grant programs--housing and community development, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 941

    Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.

24 CFR Part 942

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Pets, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 945

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 960

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Public housing.

24 CFR Part 961

    Drug abuse, Drug traffic control, Grant programs--housing and 
community development, Grant programs--Indians, Grant programs--low and 
moderate income housing, Indians, Public housing, Reporting and 
recordkeeping requirements.

24 CFR Part 962

    Grant programs--housing and community development, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 963

    Grant programs--housing and community development, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 964

    Grant programs--housing and community development, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 965

    Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and 
recordkeeping requirements, Utilities.

24 CFR Part 968

    Grant programs--housing and community development, Indians, Loan 
programs--housing and community development, Public housing, Reporting 
and recordkeeping requirements.

24 CFR Part 999

    Grant programs--housing and community development, Indians, Public 
housing.

24 CFR Part 3280

    Fire prevention, Housing standards, Manufactured homes.

24 CFR Part 3282

    Administrative practice and procedure, Consumer protection, 
Intergovernmental relations, Investigations, Manufactured homes, 
Reporting and recordkeeping requirements.
    Accordingly, under the authority 42 U.S.C. 3535(d), in title 24 of 
the Code of Federal Regulations, subtitle B, chapters I, II, V, VII, 
VIII, IX, and XX are amended, and chapters XI and XV are removed, as 
follows:

PART 0--STANDARDS OF CONDUCT

    1. The authority citation for part 0 is revised to read as follows:

    Authority:  5 U.S.C. 301; 18 U.S.C. 201-212; E.O. 11222, E.O. 
12674, 3 CFR, 1964-1965 Comp., p. 306; 5 CFR 735.101-412.

Subpart A--General Provisions


Sec. 0.735-102  [Amended]

    2. Section 0.735-102 is amended by removing the definition of 
``Department.''


Sec. 0.735-106  [Removed]

    3. Section 0.735-106 is removed.

PART 4--PROHIBITION OF ADVANCE DISCLOSURE OF FUNDING DECISIONS

    4. The authority citation for part 4 continues to read as follows:

    Authority:  42 U.S.C. 3535(d) and 3537a.

Subpart A--General Provisions

    5. Section 4.5 is amended by removing the definitions of 
``Department or HUD'', ``NOFA'', and ``Secretary'', and adding 
introductory text to read as follows:


Sec. 4.5  Definitions.

    The terms Department, HUD, NOFA, and Secretary are defined in 24 
CFR part 5.
* * * * *
    6. A new part 5 is added to read as follows:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

Subpart A--Generally Applicable Definitions and Federal Requirements; 
Waivers
Sec.
5.100  Definitions.
5.105  Other Federal requirements.
5.110  Waivers.

    Authority: 42 U.S.C. 3535(d).

Subpart A--Generally Applicable Definitions and Federal 
Requirements; Waivers


Sec. 5.100  Definitions.

    The following definitions apply as noted in the respective program 
regulations:
    1937 Act means the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.)
    ADA means the Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.).
    ALJ means an administrative law judge appointed to HUD pursuant to 
5 U.S.C. 3105 or detailed to HUD pursuant to 5 U.S.C. 3344.
    Department means the Department of Housing and Urban Development.
    Elderly Person means an individual who is at least 62 years of age.
    Fair Housing Act means title VIII of the Civil Rights Act of 1968, 
as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 
et seq.).
    Fair Market Rent (FMR) means the rent that would be required to be 
paid in the particular housing market area in order to obtain privately 
owned, decent, safe and sanitary rental housing of modest (non-luxury) 
nature with suitable amenities. This Fair Market Rent includes 
utilities (except telephone). Separate Fair Market Rents will be 
established by HUD for dwelling units of varying sizes (number of 
bedrooms) and will be published in the Federal Register in accordance 
with part 888 of this title.
    General Counsel means the General Counsel of HUD.
    Grantee means the person or legal entity to which a grant is 
awarded and that is accountable for the use of the funds provided.
    HUD means the same as Department.
    Indian means a person who is recognized as being an Indian or 
Alaska Native by an Indian Tribe, the Federal government, or any State.
    Indian Housing Authority (IHA) means an entity that:
    (1) Is authorized to engage or assist in the development or 
operation of low-income housing for Indians under the 1937 Act; and 

[[Page 5203]]

    (2) Is established:
    (i) By exercise of the power of self-government of an Indian Tribe 
independent of State law; or
    (ii) By operation of State law providing specifically for housing 
authorities for Indians, including regional housing authorities in the 
State of Alaska.
    NAHA means the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12701 et seq.).
    NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 
4321).
    NOFA means Notice of Funding Availability.
    OMB means the Office of Management and Budget.
    Organizational Unit means the jurisdictional area of each Assistant 
Secretary, and each office head or field administrator reporting 
directly to the Secretary.
    Public Housing Agency (PHA) means any State, county, municipality, 
or other governmental entity or public body, or agency or 
instrumentality of these entities, that is authorized to engage or 
assist in the development or operation of low-income housing under the 
1937 Act.
    Section 8 means section 8 of the United States Housing Act of 1937 
(42 U.S.C. 1437f).
    Secretary means the Secretary of Housing and Urban Development.
    URA means the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (42 U.S.C. 4201-4655).


Sec. 5.105  Other Federal requirements.

    The following Federal requirements apply as noted in the respective 
program regulations:
    (a) Nondiscrimination and equal opportunity. The Fair Housing Act 
(42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et 
seq.; Executive Order 11063, as amended by Executive Order 12259 (3 
CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal 
Opportunity in Housing Programs) and implementing regulations at 24 CFR 
part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4) (Nondiscrimination in Federally Assisted Programs) and 
implementing regulations at 24 CFR part 1; the Age Discrimination Act 
of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR 
part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 
and implementing regulations at 24 CFR part 8; section 3 of the Housing 
and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing 
regulations at 24 CFR part 135; Executive Order 11246, as amended by 
Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 
Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., 
p. 803; 3 CFR, 1978 Comp., p.' 230; and 3 CFR, 1978 Comp., p. 264, 
respectively) (Equal Employment Opportunity Programs) and implementing 
regulations at 41 CFR chapter 60; Executive Order 11625, as amended by 
Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 
(3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); 
and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 
1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business 
Enterprise).
    (b) Disclosure requirements. The disclosure requirements and 
prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 CFR 
part 87; and the requirements for funding competitions established by 
the Department of Housing and Urban Development Reform Act of 1989 (42 
U.S.C. 3531 et seq.).
    (c) Debarred, suspended or ineligible contractors. The prohibitions 
at 24 CFR part 24 on the use of debarred, suspended or ineligible 
contractors.
    (d) Drug-Free Workplace. The Drug-Free Workplace Act of 1988 (41 
U.S.C. 701 et seq.) and HUD's implementing regulations at 24 CFR part 
24.


Sec. 5.110  Waivers.

    Upon determination of good cause, the Secretary may, subject to 
statutory limitations, waive any provision of this title and delegate 
this authority in accordance with section 106 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3535(q)).

PART 8--NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED 
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT

    7. The authority citation for part 8 is revised to read as follows:

    Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309.

Subpart C--Program Accessibility

    8. Section 8.32 is amended by revising paragraph (a) to read as 
follows:


Sec. 8.32  Accessibility standards.

    (a) Effective as of July 11, 1988, design, construction, or 
alteration of buildings in conformance with sections 3-8 of the Uniform 
Federal Accessibility Standards (UFAS) shall be deemed to comply with 
the requirements of Secs. 8.21, 8.22, 8.23, and 8.25 with respect to 
those buildings. Departures from particular technical and scoping 
requirements of the UFAS by the use of other methods are permitted 
where substantially equivalent or greater access to and usability of 
the building is provided. The alteration of housing facilities shall 
also be in conformance with additional scoping requirements contained 
in this part. Persons interested in obtaining a copy of the UFAS are 
directed to Sec. 40.7 of this title.
* * * * *

PART 12--ACCOUNTABILITY IN THE PROVISION OF HUD ASSISTANCE

    9. The authority citation for part 12 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 3545.

Subpart A--General

    10. Section 12.3 is amended by removing the definitions of 
``Indian'', ``Indian Housing Authority'', ``HUD or Department'', and 
``Public housing agency'', and adding introductory text to read as 
follows:


Sec. 12.3  Definitions.

    The terms Department, HUD, Indian, Indian Housing Authority (IHA), 
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 15--TESTIMONY, PRODUCTION AND DISCLOSURE OF MATERIAL OR 
INFORMATION BY HUD EMPLOYEES

    11. The authority citation for part 15 is revised to read as 
follows:

    Authority: 5 U.S.C. 552; 42 U.S.C. 3535(d).

Subpart A--Purpose and Policy

    12. Section 15.1 is amended by removing the definitions of 
``Department'', ``Secretary'', and ``Organizational unit'', and adding 
introductory text to read as follows:


Sec. 15.1  Definitions.

    The terms Department, Secretary, and Organizational unit are 
defined in 24 CFR part 5.
* * * * * 

[[Page 5204]]


Subpart I--Testimony of Employees of the Department in Legal 
Proceedings


Sec. 15.86  [Removed]

    13. Section 15.86 is removed.

PART 16--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

    14. The authority citation for part 16 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 42 U.S.C. 3535(d).


Sec. 16.2  [Amended]

    15. Section 16.2 is amended by removing paragraph (b)(4) and 
redesignating paragraphs (b)(5) through (b)(8) as paragraphs (b)(4) 
through (b)(7).

PART 17--ADMINISTRATIVE CLAIMS

    16. The authority citation for subpart A of part 17 is revised to 
read as follows:

    Authority: 5 U.S.C. 5514; 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-
3718, 3721; 42 U.S.C. 3535(d).

Subpart A--Claims Against Government Under Federal Tort Claims Act

    17. Section 17.1 is amended by revising paragraph (c) to read as 
follows:


Sec. 17.1  Scope; definitions.

* * * * *
    (c) The terms Department and Organizational unit are defined in 24 
CFR part 5.

PART 27--NONJUDICIAL FORECLOSURE OF MULTIFAMILY MORTGAGES

    18. The authority citation for part 27 is revised to read as 
follows:

    Authority: 12 U.S.C. 3711(5), 3717; 42 U.S.C. 3535(d).

Subpart A--General

    19. Section 27.3 is amended by removing the definitions of 
``General Counsel'' and ``Secretary'', and revising the introductory 
text to read as follows:


Sec. 27.3  Definitions.

    The terms General Counsel and Secretary are defined in 24 CFR part 
5.
* * * * *

PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 
1986

    20. The authority citation for part 28 is revised to read as 
follows:

    Authority: 31 U.S.C. 3801; 42 U.S.C. 3535(d).

    21. Section 28.3 is amended by removing the definitions of ``ALJ'' 
and ``HUD'', and adding introductory text to read as follows:


Sec. 28.3  Definitions.

    The terms ALJ and HUD are defined in 24 CFR part 5.
* * * * *

PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT

    22. The authority citation for part 30 is revised to read as 
follows:

    Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, 1735f-15; 
15 U.S.C. 1717a; 42 U.S.C. 3535(d).

Subpart A--General Provisions

    23. Section 30.10 is amended by removing the definitions of 
``ALJ'', ``Department or HUD'', and ``Secretary'', and revising the 
introductory text to read as follows:


Sec. 30.10  Definitions.

    Because this part is primarily procedural, terms not defined in 
this section shall have the meanings given them in relevant program 
regulations. In the case of new responsibilities and new terminology 
established by the Reform Act, comprehensive definitions will be found 
in 24 CFR part 4 (Prohibition of Advance Disclosure of Funding 
Decisions) and 24 CFR part 12 (Accountability in the Provision of HUD 
Assistance). The terms ALJ, Department, HUD, and Secretary are defined 
in 24 CFR part 5.
* * * * *

PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN 
RESIDENTIAL STRUCTURES

    24. The authority for part 35 is revised to read as follows:

    Authority: 42 U.S.C. 3535(d), 4821-4846).

Subpart A--Notification to Purchasers and Tenants of HUD-Associated 
Housing Constructed Prior to 1978 of the Hazards of Lead-Based 
Paint Poisoning


Sec. 35.3  [Amended]

    25. Section 35.3 is amended by removing the definition of 
``Department of HUD.''

Subpart G--[Removed]

    26. Subpart G, consisting of Sec. 35.70, is removed.

PART 40--ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION, AND 
ALTERATION OF PUBLICLY OWNED RESIDENTIAL STRUCTURES

    27. The authority citation for part 40 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 4153.


Sec. 40.5  [Removed]

    28. Section 40.5 is removed and reserved.
    29. A new Sec. 40.7 is added to read as follows:


Sec. 40.7  Availability of Accessibility Standards.

    Copies of the Uniform Federal Accessibility Standards are available 
from the Office of Fair Housing and Equal Opportunity, U.S. Department 
of Housing and Urban Development, Room 5230, 451 Seventh Street, SW., 
Washington, DC 20410, telephone (202) 755-5404 (this is not a toll-free 
number). Hearing or speech-impaired individuals may call HUD's TDD 
number (202) 708-0113 or 1-800-877-8399 (Federal Information Relay 
Service TDD). (Other than the ``800'' number, these are not toll-free 
numbers.)

PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS

    30. The authority citation for subpart C of part 51 is revised to 
read as follows:

    Authority: 42 U.S.C. 3535(d).

Subpart C--Siting of HUD-Assisted Projects Near Hazardous 
Operations Handling Conventional Fuels or Chemicals of an Explosive 
or Flammable Nature

    31. Section 51.201 is amended by removing the definitions of 
``Department'' and ``Secretary'', and adding introductory text to read 
as follows:


Sec. 51.201  Definitions.

    The terms Department and Secretary are defined in 24 CFR part 5.
* * * * *

PART 52--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT PROGRAMS AND ACTIVITIES

    32. The authority citation for part 52 is revised to read as 
follows:

    Authority: 31 U.S.C. 6506; 42 U.S.C. 3334, 3535(d). 
    
[[Page 5205]]



Sec. 52.2  [Amended]

    33. Section 52.2 is amended by removing the definition of 
``Department.''


Sec. 52.13  [Removed]

    34. Section 52.13 is removed.

PART 91--CONSOLIDATED SUBMISSION FOR COMMUNITY PLANNING AND 
DEVELOPMENT PROGRAMS

    35. The authority citation for part 91 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388, 
12701-12711, 12741-12756, and 12901-12912.

Subpart A--General

    36. Section 91.5 is amended by removing the definitions of 
``Elderly person'' and ``HUD'', and adding introductory text to read as 
follows:


Sec. 91.5  Definitions.

    The terms Elderly person and HUD are defined in 24 CFR part 5.
* * * * *

PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM

    37. The authority citation for part 92 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 12701-12839.

Subpart A--General

    38. Section 92.2 is amended by removing the definitions of ``HUD'', 
``Indian Housing Authority'', ``Public housing agency (PHA)'', and 
``Secretary'', and adding introductory text to read as follows:


Sec. 92.2  Definitions.

    The terms HUD, Indian Housing Authority (IHA), Public Housing 
Agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *


Sec. 92.3  [Removed]

    39. Section 92.3 is removed and reserved.

Subpart H--Other Federal Requirements

    40. Section 92.350 is amended by revising paragraph (a) to read as 
follows:


Sec. 92.350  Equal opportunity and fair housing.

    (a) The Federal requirements set forth in 24 CFR part 5 apply to 
participants in the HOME program.
* * * * *


Sec. 92.357  [Removed]

    41. Section 92.357 is removed and reserved.

PART 100--DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT

    42. The authority citation for part 100 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

Subpart A--General

    43. Section 100.20 is amended by removing the definitions of 
``Department'', ``Fair Housing Act'', and ``Secretary'', and revising 
the introductory text to read as follows:


Sec. 100.20  Definitions.

    The terms Department, Fair Housing Act, and Secretary are defined 
in 24 CFR part 5.
* * * * *

PART 103--FAIR HOUSING--COMPLAINT PROCESSING

    44. The authority citation for part 103 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3601-3619.

Subpart A--Purpose and Definitions

    45. Section 103.9 is amended by removing the definitions of ``Fair 
Housing Act'', ``General Counsel'', and ``HUD'', and revising the 
introductory text to read as follows:


Sec. 103.9  Definitions.

    The terms Fair Housing Act, General Counsel, and HUD are defined in 
24 CFR part 5.
* * * * *

PART 104--ADMINISTRATIVE PROCEEDINGS UNDER SECTION 812 OF THE FAIR 
HOUSING ACT

    46. The authority citation for part 104 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

Subpart A--General Information

    47. Section 104.20 is amended by removing the definitions of ``Fair 
Housing Act'', ``General Counsel'', and ``HUD'', and adding 
introductory text to read as follows:


Sec. 104.20  Definitions.

    The terms Fair Housing Act, General Counsel, and HUD are defined in 
24 CFR part 5.
* * * * *

PART 107--NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER 
EXECUTIVE ORDER 11063

    48-50. The authority citation for part 107 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d); E.O. 11063, 27 FR 11527, 3 CFR, 
1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., 
p. 849.
    51. Section 107.15 is amended by:
    a. Revising paragraph (a);
    b. Removing paragraph (b); and
    c. Redesignating paragraphs (c) through (g) as paragraphs (b) 
through (f) to read as follows:


Sec. 107.15  Definitions.

    (a) Department and Secretary are defined in 24 CFR part 5.
* * * * *

PART 109--FAIR HOUSING ADVERTISING

    52. The authority citation for part 109 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

    53. Section 109.15 is amended by revising paragraph (b) to read as 
follows:


Sec. 109.15  Definitions.

* * * * *
    (b) General Counsel is defined in 24 CFR part 5.
* * * * *

PART 110--FAIR HOUSING POSTER

    54. The authority citation for part 110 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

Subpart A--Purpose and Definitions

    55. Section 110.5 is amended by:
    a. Revising paragraph (a);
    b. Removing paragraph (f); and
    c. Redesignating paragraphs (g) through (i) as paragraphs (f) 
through (h) to read as follows:


Sec. 110.5  Definitions.

    (a) The terms Department and Secretary are defined in 24 CFR part 
5.
* * * * *

PART 111--FAIR HOUSING ASSISTANCE PROGRAM

    56. The authority citation for part 111 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3600-3620.

    57. Section 111.101 is amended by removing the definitions of 
``HUD'' and ``NOFA'', and revising the introductory text to read as 
follows: 

[[Page 5206]]



Sec. 111.101  Definitions.

    The terms HUD and NOFA are defined in 24 CFR part 5.
* * * * *

PART 125--FAIR HOUSING INITIATIVES PROGRAM

    58. The authority citation for part 125 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 3616 note.


Sec. 125.103  [Amended]

    59. Section 125.103 is amended by removing the definition of 
``Department.''

PART 135--ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME 
PERSONS

    60-62. The authority citation for part 135 is revised to read as 
follows:

    Authority: 12 U.S.C. 1701u; 42 U.S.C. 3535(d).

Subpart A--General Provisions

    63. Section 135.5 is amended by removing the definitions of 
``Department or HUD'', ``Indian housing authority (IHA)'', ``Public 
housing agency (PHA)'', and ``Secretary'', and revising the 
introductory text to read as follows:


Sec. 135.5  Definitions.

    The terms Department, HUD, Indian housing authority (IHA), Public 
housing agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *

PART 146--NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR 
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE

    64. The authority citation for part 146 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 6103.

Subpart A--General

    65. Section 146.7 is amended by removing the definitions of ``HUD'' 
and ``Secretary'', and revising the introductory text to read as 
follows:


Sec. 146.7  Definitions.

    The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *

PART 200--INTRODUCTION

    66. The authority citation for part 200 continues to read as 
follows:

    Authority: 12 U.S.C. 1701-1715z-18; 42 U.S.C. 1436a and 3535(d).

Subpart I--Nondiscrimination and Fair Housing

    67. Section 200.300 is revised to read as follows:


Sec. 200.300  Nondiscrimination and fair housing policy.

    The regulations in this subpart are prescribed pursuant to:
    (a) The nondiscrimination and fair housing requirements set forth 
in 24 CFR part 5; and
    (b) The affirmative fair housing marketing requirements in 24 CFR 
part 200, subpart M and part 108.

Subpart T--Disclosure and Verification of Social Security Numbers 
and Employer Identification Numbers by Applicants and Participants 
in Assisted Mortgage and Loan Insurance and Related Programs

    68. Section 200.1005 is amended by removing the definitions of 
``HUD or Department'' and ``PHA'', and revising the introductory text 
to read as follows:


Sec. 200.1005  Definitions.

    The terms Department, HUD, and Public Housing Agency (PHA) are 
defined in 24 CFR part 5. For purposes of this subpart, the term Public 
Housing Agency (PHA) includes an Indian Housing Authority.
* * * * *

Subpart V--Procedures for Obtaining Wage and Claim Information 
About Applicants and Participants in HUD's Assisted Mortgage and 
Loan Insurance and Related Programs From State Wage Information 
Collection Agencies (SWICAs)


Sec. 200.1205  [Amended]

    69. Section 200.1205 is amended by removing the definition of 
``HUD.''

PART 201--TITLE I PROPERTY IMPROVEMENT AND MANUFACTURED HOME LOANS

    70. The authority citation for part 201 is revised to read as 
follows:

    Authority: 12 U.S.C. 1703; 42 U.S.C. 1436a and 3535(d).

Subpart A--General


Sec. 201.2  [Amended]

    71. Section 201.2 is amended by removing paragraph (ff) and 
redesignating paragraphs (gg) through (mm) as paragraphs (ff) through 
(ll).


Sec. 201.5  [Amended]

    72. Section 201.5 is amended by removing paragraph (a) and removing 
the designation of paragraph (b).

PART 203--SINGLE FAMILY MORTGAGE INSURANCE

    73. The authority citation for part 203 continues to read as 
follows:

    Authority: 12 U.S.C. 1709, 1710, 1715b, and 1715u; 42 U.S.C. 
3535(d).

    In addition, subpart C is also issued under 12 U.S.C. 1715u.

Subpart A--Eligibility Requirements and Underwriting Procedures


Sec. 203.248  [Removed]

    74. Section 203.248 and the undesignated center heading preceding 
it are removed.

PART 206--HOME EQUITY CONVERSION MORTGAGE INSURANCE

    75. The authority citation for part 206 is revised to read as 
follows:

    Authority: 12 U.S.C. 1715b, 1715z-1720; 42 U.S.C. 3535(d).

Subpart A--General


Sec. 206.5  [Removed]

    76. Section 206.5 is removed.

PART 213--COOPERATIVE HOUSING MORTGAGE INSURANCE

    77. The authority citation for part 213 continues to read as 
follows:

    Authority: 12 U.S.C. 1715b, 1715e; 42 U.S.C. 3535(d).

Subpart C--Eligibility Requirements--Individual Properties Released 
From Project Mortgage


Sec. 213.748  [Removed]

    78. Section 213.748 is removed.

PART 215--RENT SUPPLEMENT PAYMENTS

    79. The authority citation for part 215 continues to read as 
follows:

    Authority: 12 U.S.C. 1701s; 42 U.S.C. 3535(d).

    80. Section 215.1 is amended by revising the definition of 
``Elderly person'' to read as follows:


Sec. 215.1  Definitions.

* * * * *
    Elderly person is defined in 24 CFR part 5.
* * * * *

PART 219--FLEXIBLE SUBSIDY PROGRAM FOR TROUBLED PROJECTS

    81. The authority citation for part 219 continues to read as 
follows:


[[Page 5207]]

    Authority: 12 U.S.C. 1715z-1a; 42 U.S.C. 3535(d).

Subpart A--General Provisions


Sec. 219.130  [Removed]

    82. Section 219.130 is removed.

PART 220--MORTGAGE INSURANCE AND INSURED IMPROVEMENT LOANS FOR 
URBAN RENEWAL AND CONCENTRATED DEVELOPMENT AREAS

    83. The authority citation for part 220 continues to read as 
follows:

    Authority: 12 U.S.C. 1713, 1715b, and 1715k; 42 U.S.C. 3535(d).

Subpart A--Eligibility Requirements--Homes


Sec. 220.248  [Removed]

    84. Section 220.248 and the undesignated center heading preceding 
it are removed.

PART 221--LOW COST AND MODERATE INCOME MORTGAGE INSURANCE

    85. The authority citation for part 221 is revised to read as 
follows:

    Authority: 12 U.S.C. 1707(a), 1715b and 1751l; 42 U.S.C. 
3535(b).

Subpart A--Eligibility Requirements--Low Cost Homes


Sec. 221.248  [Removed]

    86. Section 221.248 and the undesignated center heading preceding 
it are removed.

PART 231--HOUSING MORTGAGE INSURANCE FOR THE ELDERLY

    87. The authority citation for part 231 continues to read as 
follows:

    Authority: 12 U.S.C. 1715b and 1715v; 42 U.S.C. 3535(d).

Subpart A--Eligibility Requirements

    88. Section 231.2 is amended by revising paragraph (c) to read as 
follows:

Sec. 231.2  Definitions.

* * * * *
    (c) Elderly person is defined in 24 CFR part 5.
* * * * *

PART 232--MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE 
FACILITIES, BOARD AND CARE HOMES, AND ASSISTED LIVING FACILITIES

    89. The authority citation for part 232 continues to read as 
follows:

    Authority: 12 U.S.C. 1715b, 1715w, and 1715z(9); 42 U.S.C. 
3535(d).

Subpart A--Eligibility Requirements

    90. Section 232.1 is amended by revising paragraph (n) to read as 
follows:


Sec. 232.1  Definitions.

* * * * *
    (n) Elderly person is defined in 24 CFR part 5.
* * * * *

PART 234--CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE

    91. The authority citation for part 234 is revised to read as 
follows:

    Authority: 12 U.S.C. 1715b and 1715y; 42 U.S.C. 3535(d). Section 
234.520(a)(2)(ii) is also issued under 12 U.S.C. 1707(a).

Subpart A--Eligibility Requirements--Individually Owned Units


Sec. 234.248  [Removed]

    92. Section 234.248 is removed.

PART 235--MORTGAGE INSURANCE AND ASSISTANCE PAYMENTS FOR HOME 
OWNERSHIP AND PROJECT REHABILITATION

    93. The authority citation for part 235 is revised to read as 
follows:

    Authority: 12 U.S.C. 1715b and 1715z; 42 U.S.C. 3535(d).

Subpart A--Eligibility Requirements--Homes for Lower Income 
Families


Sec. 235.1204  [Removed]

    94. Section 235.1204 is removed.

PART 236--MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENT FOR 
RENTAL PROJECTS

    95. The authority citation for part 236 continues to read as 
follows:

    Authority: 12 U.S.C. 1715b and 1715z-1; 42 U.S.C. 3535(d).

Subpart A--Eligibility Requirements for Mortgage Insurance

    96. Section 236.2 is amended by revising the definition of 
``Elderly person'' to read as follows:


Sec. 236.2  Definitions.

* * * * *
    Elderly person is defined in 24 CFR part 5.
* * * * *

PART 237--SPECIAL MORTGAGE INSURANCE FOR LOW AND MODERATE INCOME 
FAMILIES

    97. The authority citation for part 237 continues to read as 
follows:

    Authority: 12 U.S.C. 1709, 1715b, and 1715z-2; 42 U.S.C. 
3535(d).

Subpart A--Eligibility Requirements


Sec. 237.248  [Removed]

    98. Section 237.248 and the undesignated center heading preceding 
it are removed.

PART 248--PREPAYMENT OF LOW INCOME HOUSING MORTGAGES

    99. The authority citation for part 248 continues to read as 
follows:

    Authority: 12 U.S.C. 1715l note, 4101 note, and 4101-4124; 42 
U.S.C. 3535(d).

Subpart C--Prepayment and Plans of Action Under the Emergency Low 
Income Preservation Act of 1987

    100. Section 248.201 is amended by removing the definitions of 
``Fair Market Rent'' and ``Section 8'', and adding introductory text to 
read as follows:


Sec. 248.201  Definitions.

    The terms Fair Market Rent (FMR) and Section 8 are defined in 24 
CFR part 5.
* * * * *

PART 260--INTEREST SUBSIDY GRANTS

    101. The authority citation for part 260 is revised to read as 
follows:

    Authority: 42 U.S.C. 1440(c)(2) and 3535(d).


Sec. 260.2  [Amended]

    102. Section 260.2 is amended by removing and reserving paragraph 
(d).

PART 261--ASSISTED HOUSING DRUG ELIMINATION PROGRAM

    103. The authority citation for part 261 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11901 et seq.

Subpart A--General

    104. Section 261.5 is amended by removing the definition of ``HUD 
or Department'', and adding introductory text to read as follows:


Sec. 261.5  Definitions.

    The terms Department and HUD are defined in 24 CFR part 5.
* * * * * 

[[Page 5208]]


PART 265--TRANSFER FROM NON-PROFIT TO PROFIT-MOTIVATED OWNERSHIP 
FOR MULTIFAMILY HOUSING PROJECTS WITH HUD-INSURED OR HUD-HELD 
MORTGAGES

    105. The authority citation for part 265 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d).


Sec. 265.4  [Removed]

    106. Section 265.4 is removed and reserved.

PART 280--NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM

    107. The authority citation for part 285 continues to read as 
follows:

    Authority: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).

Subpart A--General


Sec. 280.5  [Amended]

    108. Section 280.5 is amended by removing the definition of 
``HUD.''


Sec. 280.10  [Removed]

    109. Section 280.10 is removed.

Subpart D--Application and Selection Procedures

    110. Section 280.207 is amended by:
    a. Revising the introductory text and paragraph (a);
    b. Removing paragraphs (g) and (k); and
    c. Redesignating paragraphs (h) through (j) as paragraphs (g) 
through (i), to read as follows:


Sec. 280.207  Other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following additional Federal requirements apply to this program:
    (a)  Nondiscrimination and equal opportunity. (1) The affirmative 
fair housing marketing requirements at 24 CFR part 200, subpart M, and 
the implementing regulations at 24 CFR part 108.
    (2) Racial and ethnic data collection requirements. Recipients must 
maintain current data on the race and ethnicity of program 
beneficiaries.
* * * * *

PART 290--DISPOSITION OF MULTIFAMILY PROJECTS AND SALE OF HUD-HELD 
MULTIFAMILY MORTGAGES

    111. The authority citation for part 290 continues to read as 
follows:

    Authority:  12 U.S.C. 1701z-11, 1701z-12, 1713, 1715b, 1715z-1b; 
42 U.S.C. 3535(d).

Subpart A--General Provisions

    112. Section 290.5 is amended by removing the definitions of 
``Department'' and ``URA'', and revising the introductory text to read 
as follows:


Sec. 290.5  What definitions apply in this regulation?

    The terms Department and URA are defined in 24 CFR part 5.
* * * * *


Sec. 290.7  [Removed]

    113. Section 290.7 is removed.

PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY

    114. The authority citation for part 291 continues to read as 
follows:

    Authority: 12 U.S.C. 1709 and 1715b; 42 U.S.C. 1441, 1441a, 
1551a, and 3535(d).

Subpart A--General Provisions

    115. Section 291.5 is amended by removing the definitions of 
``HUD'' and ``Secretary'', and revising the introductory text to read 
as follows:


Sec. 291.5  Definitions.

    The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *

Subpart E--Lease and Sale of HUD-Acquired Single Family Properties 
for the Homeless


Sec. 291.405  [Amended]

    116. Section 291.405 is amended by removing the definition of 
``HUD.''
    117. Section 291.435 is amended by:
    a. Revising the introductory text and paragraph (a)(1);
    b. Removing paragraphs (c) and (e); and
    c. Redesignating paragraph (d) as paragraph (c) to read as follows:


Sec. 291.435  Applicability of other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following Federal requirements apply to lessees and purchasers under 
this subpart:
    (a) Nondiscrimination and equal opportunity. (1) The 
nondiscrimination and equal opportunity requirements set forth in 24 
CFR part 5 are modified as follows:
    (i) Where applicable, lessees and purchasers must also comply with 
the Americans with Disabilities Act (42 U.S.C. 12131) and implementing 
regulations at 28 CFR parts 35 and 36.
    (ii) The requirements of section 3 of the Housing and Urban 
Development Act of 1968 (12 U.S.C. 1701u), and Executive Order 11246 
(30 FR 12319, 12935, 3 CFR, 1946-1965 Comp., p. 339; Executive Order 
11625 (36 FR 19967, 3 CFR, 1971-1975 Comp., p. 616); Executive Order 
12432 (48 FR 32551, 3 CFR, 1983 Comp., p. 198; and Executive Order 
12138 (44 FR 29637, 3 CFR, 1979 Comp., p. 393) do not apply to this 
subpart.
* * * * *

Subpart F--[Removed]

    118. Subpart F, consisting of Sec. 291.500, is removed.

PART 511--RENTAL REHABILITATION GRANT PROGRAM

    119. The authority citation for part 511 continues to read as 
follows:
    Authority: 2 U.S.C. 1437o and 3535(d).

Subpart A--General

    120. Section 511.2 is amended by removing the definitions of 
``HUD'' and ``Public Housing Agency (PHA)'', and adding introductory 
text to read as follows:


Sec. 511.2  Definitions.

    The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR 
part 5.
* * * * *


Sec. 511.5  [Removed]

    121. Section 511.5 is removed.

Subpart B--Program Requirements

    122. Section 511.13 is amended by:
    a. Revising the heading and the introductory text;
    b. Removing paragraphs (a) and (c);
    c. Redesignating paragraph (b) as paragraph (a); and
    d. Adding paragraph (b) and reserving it, to read as follows:


Sec. 511.13  Nondiscrimination, equal opportunity, and affirmative 
marketing requirements.

    In addition to the nondiscrimination and equal opportunity 
requirements set forth in 24 CFR part 5, the following requirements 
apply:
* * * * *
    123. Section 511.16 is amended by:
    a. Revising the introductory text;
    b. Removing paragraphs (c), (d), and (f);
    b. Redesignating paragraphs (e) and (g) as paragraphs (c) and (d), 
respectively, to read as follows:


Sec. 511.16  Other Federal requirements.

    In addition to the Federal requirements set forth in 24 CFR part 5, 
Grantees and, where applicable, State 

[[Page 5209]]
recipients shall comply with the following requirements:
* * * * *

PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS

    124. The authority citation for part 570 is revised to read as 
follows:
    Authority: 42 U.S.C. 3535(d) and 5300-5320.

Subpart A--General Provisions

    125. Section 570.3 is amended by removing the definitions of 
``HUD'' and ``Secretary'', and adding introductory text to read as 
follows:

Sec. 570.3  Definitions.

    The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *


Sec. 570.5  [Removed]

    126. Section 570.5 is removed.

Subpart I--State Community Development Block Grant Program


Sec. 570.481  [Amended]

    127. Section 570.481 is amended by removing paragraph (a)(3).

Subpart K--Other Program Requirements

    128. Sections 570.607 is revised to read as follows:


Sec. 570.607  Employment and contracting opportunities.

    Grantees shall comply with:
    (a) Executive Order 11246, as amended by Executive Orders 11375, 
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p.339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., 
p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity) 
and the implementing regulations at 41 CFR chapter 60; and
    (b) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u) and implementing regulations at 24 CFR part 135.
    129. Section 570.609 is revised to read as follows:


Sec. 570.609  Use of debarred, suspended or ineligible contractors or 
subrecipients.

    The requirements set forth in 24 CFR part 5 apply to this program.

PART 572--HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES PROGRAM 
(HOPE 3)

    130. The authority citation for part 572 continues to read as 
follows:
    Authority: 42 U.S.C. 3535(d) and 12891.

Subpart A--General

    131. Section 572.5 is amended by removing the definitions of 
``HUD'', ``IHA'', ``NAHA'', ``1937 Act'', ``NOFA'', and ``PHA'', and 
revising the introductory text to read as follows:


Sec. 572.5  Definitions.

    The terms HUD, Indian Housing Authority (IHA), NAHA, 1937 Act, 
NOFA, and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *


Sec. 572.15  [Removed]

    132. Section 572.15 is removed.

Subpart E--Other Federal Requirements

    133. Section 572.405 is amended by:
    a. Revising the introductory text and paragraph (a);
    b. Removing paragraphs (b), (c) and (d);
    c. Redesignating paragraphs (e) through (g) as paragraphs (b) 
through (d); and
    d. Revising newly designated paragraph (b) to read as follows:


Sec. 572.405  Nondiscrimination and equal opportunity requirements.

    In addition to the nondiscrimination and equal opportunity 
requirements set forth in 24 CFR part 5, the following requirements 
apply to homeownership programs under this part:
    (a) Modification of fair housing and nondiscrimination requirements 
for Indian tribes and IHAs. (1) The Indian Civil Rights Act (25 U.S.C. 
1301 et seq.) applies to tribes when they exercise their powers of 
self-government. Thus, it is applicable in all cases when an IHA has 
been established by exercise of such powers. In the case of the IHA 
established pursuant to State law, the applicability of the Indian 
Civil Rights Act shall be determined on a case-by-case basis. 
Development subject to the Indian Civil Rights Act must be developed 
and operated in compliance with its provisions and all implementing HUD 
requirements, instead of title VI and the Fair Housing Act and their 
implementing regulations.
    (2) In the case of Indian tribes and IHAs, compliance with the 
requirements of this section shall be to the maximum extent consistent, 
but not in derogation of, the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450e(b)).
    (b) Affirmative fair housing marketing. The recipient must adopt a 
strategy for informing and soliciting applications from people who are 
least likely to apply, because of race, color, religion, sex, 
disability, familial status, or national origin, for the program 
without special outreach, consistent with the affirmative fair housing 
marketing requirements. (See 24 CFR 92.351 for an example of an 
affirmative strategy.) Paragraph (b) of this section does not apply to 
Indian tribes and IHAs, as described in paragraph (a)(1) of this 
section.
* * * * *

PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

    134. The authority citation for part 574 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 12901-12912.

Subpart A--General

    135. Section 574.3 is amended by removing the definitions of 
``Grantee'' and ``Secretary'', and adding introductory text to read as 
follows:


Sec. 574.3  Definitions.

    The terms Grantee and Secretary are defined in 24 CFR part 5.
* * * * *

Subpart G--Other Federal Requirements


Sec. 574.600  [Redesignated as Sec. 574.603]

    136. Section 574.600 is redesignated as Sec. 574.603 and a new 
Sec. 574.600 is added to read as follows:


Sec. 574.600  Cross-reference.

    The Federal requirements set forth in 24 CFR part 5 apply to this 
program as specified in this subpart.
    137. Section 574.603 is amended by:
    a. Revising the introductory text and paragraph (a);
    b. Removing paragraphs (b), (c), (d) and (f); and
    c. Redesignating paragraph (e) as paragraph (b) to read as follows:


Sec. 574.603  Nondiscrimination and equal opportunity.

    In addition to the nondiscrimination and equal opportunity 
requirements set forth in 24 CFR part 5, the following requirements 
apply:
    (a) Fair housing requirements. (1) Grantees and project sponsors 
shall comply with the applicable provisions of the Americans with 
Disabilities Act (42 U.S.C. 12101-12213) and implementing regulations 
at 28 CFR part 35 (States and local government grantees) and part 36 
(public accommodations and requirements for

[[Page 5210]]

certain types of short-term housing assistance).
    (2) Executive Order 11246, as amended by Executive Orders 11375, 
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR 1978 Comp., 
p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity) 
does not apply to this program.
* * * * *


Secs. 574.610, 574.615, and 574.620  [Removed]

    138. Sections 574.610, 574.615, and 574.620 are removed.

PART 576--EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY 
HOMELESS ASSISTANCE ACT

    139. The authority citation for part 576 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11376.

Subpart A--General

    140. Section 576.3 is amended by removing the definitions of 
``Grantee'' and ``HUD'', and adding introductory text to read as 
follows:


Sec. 576.3  Definitions.

    The terms Grantee and HUD are defined in 24 CFR part 5.
* * * * *


Secs. 576.5  [Removed]

    141. Section 576.5 is removed.

Subpart G--Program Requirements

    142. Section 576.79 is amended by:
    a. Revising the introductory text and paragraph (a);
    b. Removing paragraphs (e) and (h);
    c. Redesignating paragraphs (f) and (g) as paragraphs (e) and (f), 
respectively;
    d. Redesignating paragraphs (i) and (j) as paragraphs (g) and (h), 
respectively, to read as follows:


Sec. 576.79  Other Federal requirements.

    In addition to the Federal requirements set forth in 24 CFR part 5, 
use of emergency shelter grant amounts must comply with the following 
requirements:
    (a) Nondiscrimination and equal opportunity. The nondiscrimination 
and equal opportunity requirements at 24 CFR part 5 are modified as 
follows:
    (1) Rehabilitation Act requirements. HUD's regulations at 24 CFR 
part 8 implement section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). For purposes of the emergency shelter grants program, the 
term ``dwelling units'' in 24 CFR part 8 shall include sleeping 
accommodations.
    (2) Use of emergency shelter grant amounts must also comply with 
the requirement that the grantee or the State recipient make known that 
use of the facilities and services is available to all on a 
nondiscriminatory basis. If the procedures that the grantee or 
recipient intends to use to make known the availability of the 
facilities and services are unlikely to reach persons of any particular 
race, color, religion, sex, age, national origin, familial status, or 
disability who may qualify for such facilities and services, the 
grantee or recipient must establish additional procedures that will 
ensure that such persons are made aware of the facilities and services. 
Grantees and recipients must also adopt procedures which will make 
available to interested persons information concerning the location of 
services and facilities that are accessible to persons with 
disabilities.
* * * * *

PART 582--SHELTER PLUS CARE

    143. The authority citation for part 582 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 11403 note.

Subpart A--General

    144. Section 582.5 is amended by removing the definitions of ``Fair 
Market rent or FMR'', ``HUD'', ``Public housing agency or PHA'', and 
Secretary'', and revising the introductory text to read as follows:


Sec. 582.5  Definitions.

    The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), 
and Secretary are defined in 24 CFR part 5.
* * * * *


Sec. 582.10  [Removed]

    145. Section 582.10 is removed.

Subpart D--Program Requirements

    146. Section 582.330 is amended by revising paragraph (b) to read 
as follows:


Sec. 582.330  Nondiscrimination and equal opportunity requirements.

* * * * *
    (b) Compliance with requirements. (1) In addition to the 
nondiscrimination and equal opportunity requirements set forth in 24 
CFR part 5, recipients serving a designated population of homeless 
persons must, within the designated population, comply with the 
prohibitions against discrimination against handicapped individuals 
under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 
implementing regulations at 41 CFR chapter 60-741.
    (2) The nondiscrimination and equal opportunity requirements set 
forth at part 5 of this title are modified as follows:
    (i) The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to 
tribes when they exercise their powers of self-government, and to IHAs 
when established by the exercise of such powers. When an IHA is 
established under State law, the applicability of the Indian Civil 
Rights Act will be determined on a case-by-case basis. Projects subject 
to the Indian Civil Rights Act must be developed and operated in 
compliance with its provisions and all implementing HUD requirements, 
instead of title VI and the Fair Housing Act and their implementing 
regulations.
    (ii) [Reserved]
* * * * *
    147. Section 582.340 is amended by:
    a. Adding an introductory text;
    b. Removing paragraphs (b), (c), and (d); and
    c. Redesignating paragraph (e) as paragraph (b) to read as follows:


Sec. 582.340  Other Federal requirements.

    In addition to the Federal requirements set forth in 24 CFR part 5, 
the following requirements apply to this program:
* * * * *

PART 583--SUPPORTIVE HOUSING PROGRAM

    148. The authority citation for part 583 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11389.

Subpart A--General

    149. Section 583.5 is amended by removing the definition of 
``HUD.''


Sec. 583.10  [Removed]

    150. Section 583.10 is removed.

Subpart D--Program Requirements

    151. Section 583.325 is amended by revising paragraph (b) 
introductory text and (b)(1) to read as follows:


Sec. 583.325  Nondiscrimination and equal opportunity requirements.

* * * * *
    (b) Nondiscrimination and equal opportunity requirements. The 
nondiscrimination and equal opportunity requirements set forth at part 
5 of this title apply to this program.
    (1) The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to 
tribes when they exercise their powers of self-

[[Page 5211]]
government, and to IHAs when established by the exercise of such 
powers. When an IHA is established under State law, the applicability 
of the Indian Civil Rights Act will be determined on a case-by-case 
basis. Projects subject to the Indian Civil Rights Act must be 
developed and operated in compliance with its provisions and all 
implementing HUD requirements, instead of title VI and the Fair Housing 
Act and their implementing regulations.
* * * * *
    152. Section 583.330 is amended by:
    a. Revising the introductory text;
    b. Removing paragraph (f) and (i); and
    c. Redesignating paragraphs (g) and (h) as paragraphs (f) and (g), 
respectively to read as follows:


Sec. 583.330  Applicability of other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, use of 
assistance provided under this part must comply with the following 
Federal requirements:
* * * * *

PART 585--YOUTHBUILD PROGRAM

    153. The authority citation for part 585 continues to read as 
follows:

    Authority:  42 U.S.C. 3535(d) and 8011.

Subpart A--General

    154. Section 585.4 is amended by removing the definitions of ``1937 
Act'' and ``Secretary'', and revising the introductory text to read as 
follows:


Sec. 585.4  Definitions.

    The terms Secretary and 1937 Act are defined in 24 CFR part 5.
* * * * *

PART 590--URBAN HOMESTEADING

    155. The authority citation for part 590 is revised to read as 
follows:

    Authority: 12 U.S.C. 1706e; 42 U.S.C. 3535(d).


Sec. 590.3  [Removed]

    156. Section 590.3 is removed.


Sec. 590.5  [Removed]

    157. Section 590.5 is amended by removing the definition of 
``HUD.''

PART 594--JOHN HEINZ NEIGHBORHOOD DEVELOPMENT PROGRAM

    158. The authority citation for part 594 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 1518a.

Subpart A--General

    159. Section 594.3 is amended by removing the definition of 
``HUD.''

Subpart D--Award and Use of Grant Amounts

    160. Section 594.30 is amended by:
    a. Revising the introductory text and paragraph (a);
    b. Removing paragraphs (b), (c), and (d); and
    c. Redesignating paragraphs (e) through (h) as paragraphs (b) 
through (e) to read as follows:


Sec. 594.30  Equal opportunity and other Federal requirements.

    Each participating neighborhood development organization must 
certify that it will carry out activities assisted under the program in 
compliance with the nondiscrimination and equal opportunity 
requirements set forth in 24 CFR part 5 and:
    (a) The requirements at 24 CFR part 200, subpart M;
* * * * *

PART 597--URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

    161. The authority citation for part 597 continues to read as 
follows:

    Authority: 26 U.S.C. 1391; 42 U.S.C. 3535(d).

Subpart A--General Provisions

    162. Section 597.3 is amended by removing the definitions of 
``HUD'' and ``Secretary'', and adding introductory text to read as 
follows:


Sec. 597.3  Definitions.

    The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *


Sec. 597.5  [Removed]

    163. Section 597.5 is removed.

PART 700--CONGREGATE HOUSING SERVICES PROGRAM

    164. The authority citation for part 700 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 8011.
    165. Section 700.105 is amended by removing the definitions of 
``Elderly person'' and ``HUD'', and revising the introductory text to 
read as follows:


Sec. 700.105  Definitions.

    The terms Elderly person and HUD are defined in 24 CFR part 5.
* * * * *

PART 750--DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY NUMBERS 
AND EMPLOYER IDENTIFICATION NUMBERS BY APPLICANTS AND PARTICIPANTS 
IN CERTAIN HOUSING ASSISTANCE PROGRAMS

    166. The authority citation for part 750 is revised to read as 
follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d), 3543, 1437a, 
1437d, 1437f, 1437o, 1437ee, and 8013.

Subpart A--General

    167. Section 750.5 is amended by removing the definitions of ``HUD 
or Department'' and ``Public housing agency (PHA)'', and revising the 
introductory text to read as follows:


Sec. 750.5  Definitions.

    The terms HUD, Department and Public housing agency (PHA) are 
defined in 24 CFR part 5.
* * * * *

PART 760--PROCEDURES FOR OBTAINING WAGE AND CLAIM INFORMATION ABOUT 
APPLICANTS AND PARTICIPANTS IN HUD'S SECTION 8 AND PUBLIC HOUSING 
PROGRAMS FROM STATE WAGE INFORMATION COLLECTION AGENCIES (SWICAs)

    168. The authority citation for part 760 continues to read as 
follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437a, 1437d, 1437ee, 
1437f, 3535(d), and 3544.

Subpart A--General

    169. Section 760.5 is amended by removing the definitions of 
``HUD'' and ``Public Housing Agency (PHA)'', and revising the 
introductory text to read as follows:


Sec. 760.5  Definitions.

    The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR 
part 5.
* * * * *

PART 791--REVIEW OF APPLICATIONS FOR HOUSING ASSISTANCE AND 
ALLOCATIONS OF HOUSING ASSISTANCE FUNDS

    170. The authority citation for part 791 is revised to read as 
follows:

    Authority: 42 U.S.C. 1439 and 3535(d).

Subpart A--General Provisions

    171. Section 791.102 is amended by removing the definitions of 
``HUD'' and ``Public housing agency'', and adding an introductory text 
to read as follows: 

[[Page 5212]]



Sec. 791.102  Definitions.

    The terms HUD, and Public housing agency (PHA) are defined in 24 
CFR part 5.
* * * * *

PART 792--HOUSING AGENCY SECTION 8 FRAUD RECOVERIES

    172. The authority citation for part 792 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437f note and 3535(d).

Subpart A--General Provisions

    173. Section 792.103 is amended by revising the definition of ``HA 
(Housing Agency)'' to read as follows:


Sec. 792.103  Definitions.

* * * * *
    HA (Housing Agency) is the collective term for Public Housing 
Agencies and Indian Housing Authorities. The terms Public Housing 
Agency (PHA) and Indian Housing Authority (IHA) are defined in 24 CFR 
part 5.
* * * * *

PART 799--[Removed]

    174. Part 799, consisting of Sec. 799.101, is removed.

PART 811--TAX EXEMPTION OF OBLIGATIONS OF PUBLIC HOUSING AGENCIES 
AND RELATED AMENDMENTS

    175. The authority citation for part 811 continues to read as 
follows:

    Authority: 42 U.S.C. 1437, 1437a, 1437c, 1437f, and 3535(d).

Subpart A--Tax Exemption, Under Section 11(b) of the Act, of 
Obligations Issued by Public Housing Agencies To Finance Section 8 
Projects

    176. Section 811.102 is amended by:
    a. Adding an introductory text;
    b. Removing paragraphs (l) and (q);
    c. Redesignating paragraphs (m) through (p) as paragraphs (l) 
through (o); and
    d. Redesignating paragraphs (r) through (u) as paragraphs (q) 
through (t) to read as follows:


Sec. 811.102  Definitions.

    The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR 
part 5.
* * * * *

PART 813--DEFINITION OF INCOME, INCOME LIMITS, RENT AND 
REEXAMINATIONS OF FAMILY INCOME FOR THE SECTION 8 HOUSING 
ASSISTANCE PAYMENTS PROGRAMS AND RELATED PROGRAMS

    177. The authority citation for part 813 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 1437n and 3535(d).

    178. Section 813.102 is amended by removing the definitions of 
``Elderly person'', ``Indian'', ``Indian Housing Authority'', and 
``Public Housing Agency'', and adding introductory text to read as 
follows:


Sec. 813.102  Definitions.

    The terms Elderly person, Indian, Indian Housing Authority (IHA), 
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 850--HOUSING DEVELOPMENT GRANTS

    179. The authority citation for part 850 continues to read as 
follows:

    Authority: 42 U.S.C. 1437o and 3535(d).

Subpart A--General Provisions

    180. Section 850.3 is amended by removing the definitions of 
``Grantee'' and ``HUD'', and adding introductory text to read as 
follows:


Sec. 850.3  Definitions.

    The terms Grantee and HUD are defined in 24 CFR part 5.
* * * * *

Subpart C--Application Procedures and Program Requirements

    181. Section 850.35 is amended by:
    a. Revising the introductory text;
    b. Removing paragraphs (a), (b), (d), and (l); and
    c. Redesignating paragraphs (c) and (e) through (k) as paragraphs 
(a) through (h), respectively; and
    d. Redesignating paragraph (m) as paragraph (i), to read as 
follows:


Sec. 850.35  Other program requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
applicant (or grantee) shall assure that the following program 
requirements are met:
* * * * *

PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW 
CONSTRUCTION

    182. The authority citation for part 880 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 
13611-13619.

Subpart B--Definitions, Project Eligibility and Other Requirements

    183. Section 880.201 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', ``NOFA'', and ``PHA'', and adding 
introductory text to read as follows:


Sec. 880.201  Definitions.

    The terms Fair Market Rent (FMR), HUD, NOFA, and Public Housing 
Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 881--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR 
SUBSTANTIAL REHABILITATION

    184. The authority citation for part 881 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 
13611-13619.

Subpart B--Definitions, Project Eligibility and Other Requirements

    185. Section 881.201 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', ``NOFA'', and ``PHA'', and adding 
introductory text to read as follows:


Sec. 881.201  Definitions.

    The terms Fair Market Rent (FMR), ``HUD, NOFA, and Public Housing 
Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 882--SECTION 8 CERTIFICATE AND MODERATE REHABILITATION 
PROGRAMS

    186. The authority citation for part 882 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f and 3535(d).

Subpart A--Applicability, Scope and Basic Policies

    187. Section 882.102 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (``PHA'')'', and 
``Secretary'', and adding introductory text to read as follows:


Sec. 882.102  Definitions.

    The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), 
and Secretary are defined in 24 CFR part 5.
* * * * * 

[[Page 5213]]


PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--STATE 
HOUSING AGENCIES

    188. The authority citation for part 883 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.

Subpart C--Definitions, Project Eligibility and Requirements

    189. Section 883.302 is amended by removing the definitions of 
``Fair Market Rent (FMR)'', ``HUD'', and ``PHA (Public Housing 
Agency)'', and adding introductory text to read as follows:


Sec. 883.302  Definitions.

    The terms Fair Market Rent (FMR), HUD, and Public Housing Agency 
(PHA) are defined in 24 CFR part 5.
* * * * *

PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW 
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING 
PROJECTS

    190. The authority citation for part 884 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.

Subpart A--Applicability, Scope and Basic Policies

    191. Section 884.102 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (PHA)'', and 
``Secretary'', and adding introductory text to read as follows:


Sec. 884.102  Definitions.

    The terms Fair Market Rent (FMR), HUD, Public housing agency (PHA), 
and Secretary are defined in 24 CFR part 5.
* * * * *

PART 885--LOANS FOR HOUSING FOR THE ELDERLY OR HANDICAPPED

    192. The authority citation for part 885 continues to read as 
follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f and 3535(d).

Subpart C--Section 202 Projects for Nonelderly Handicapped Families 
and Individuals--Section 162 Assistance

    193. Section 885.740 is amended by adding introductory text and 
revising paragraph (a) to read as follows:


Sec. 885.740  Other Federal requirements.

    In addition to the Federal requirements set forth in 24 CFR part 5, 
the following requirements apply to this program:
    (a) Affirmative fair housing marketing. (1) The affirmative fair 
housing marketing requirements of 24 CFR part 200, subpart M, and the 
implementing regulations at 24 CFR part 108; and
    (2) The fair housing advertising and poster guidelines at 24 CFR 
parts 109 and 110.
* * * * *

PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL 
ALLOCATIONS

    194. The authority citation for part 886 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.

Subpart A--Additional Assistance Program for Projects With HUD-
Insured and HUD-Held Mortgages

    195. Section 886.102 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (PHA)'', and 
``Secretary'', and adding introductory text to read as follows:


Sec. 886.102  Definitions.

    The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA), 
and Secretary are defined in 24 CFR part 5.
* * * * *
    196. Section 886.132 is amended by revising paragraph (f)(1) to 
read as follows:


Sec. 886.132  Selection preferences.

* * * * *
    (f) Nondiscrimination. Any selection preferences that are used by 
an owner must be established and administered in accordance with:
    (1) The nondiscrimination and equal opportunity requirements set 
forth in 24 CFR part 5, except for:
    (i) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u) and the implementing regulations at 24 CFR part 135; and
    (ii) Executive Order 11246, as amended by Executive Orders 11375, 
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., 
p. 230; and 3 CFR, 1978 Comp., p. 264, respectively); Executive Order 
11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 
616 and 3 CFR, 1977 Comp., p. 139); Executive Order 12432 (3 CFR, 1983 
Comp., p. 198); and Executive Order 12138, as amended by Executive 
Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245).
    (2) The Americans with Disabilities Act (42 U.S.C. 12101-12213), to 
the extent applicable; and
    (3) HUD's affirmative fair housing objectives and (where 
applicable) the owner's HUD-approved affirmative fair housing marketing 
plan.
* * * * *

Subpart C--Section 8 Housing Assistance Program for the Disposition 
of HUD-Owned Projects

    197. Section 886.302 is amended by removing the definitions of 
``Fair Market Rent'', ``HUD'', and ``Public Housing Agency (PHA)'', and 
adding introductory text to read as follows:


Sec. 886.302  Definitions.

    The terms Fair Market Rent (FMR), HUD, and Public Housing Agency 
(PHA) are defined in 24 CFR part 5.
* * * * *

PART 887--HOUSING VOUCHERS

    198. The authority citation for part 887 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f(o) and 3535(d).

Subpart A--General Information

    199. Section 887.7 is amended by removing the definitions of ``1937 
Act'', ``Elderly person'', ``Fair market rent (FMR)'', ``HUD'', and 
``Public Housing Agency (PHA)'', and adding introductory text to read 
as follows:


Sec. 887.7  Definitions.

    The terms 1937 Act, Elderly person, Fair Market Rent (FMR), HUD, 
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 889--SUPPORTIVE HOUSING FOR THE ELDERLY


Sec. 889.105  [Removed]

    200. The authority citation for part 889 continues to read as 
follows:

    Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d).

Subpart A--General


Sec. 889.105  [Amended]

    201. Section 889.105 is amended by removing the definition of 
``Secretary.''

Subpart B--Application Procedures and Program Requirements

    202. Section 889.265 is amended by adding introductory text and 
revising paragraph (a) to read as follows:


Sec. 889.265  Other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following 

[[Page 5214]]
Federal requirements apply to this program:
    (a) Affirmative fair housing marketing. (1) The affirmative fair 
housing marketing requirements of 24 CFR part 200, subpart M and the 
implementing regulations at 24 CFR part 108; and
    (2) The fair housing and poster guidelines at 24 CFR parts 109 and 
110.
* * * * *

PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES

    203. The authority citation for part 890 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 8013.

Subpart A--General

    204. Section 890.105 is amended by removing the definition of 
``Secretary.''

Subpart B--Application Procedures and Program Requirements

    205. Section 890.260 is amended by adding introductory text and 
revising paragraph (a) to read as follows:


Sec. 890.260  Other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following Federal requirements apply to this program:
    (a) Affirmative fair housing marketing. (1) The affirmative fair 
housing marketing requirements of 24 CFR part 200, subpart M and the 
implementing regulations at 24 CFR part 108; and
    (2) The fair housing advertising and poster guidelines at 24 CFR 
parts 109 and 110.
* * * * *

PART 899--[REMOVED]

    206. Part 899, consisting of Sec. 899.101, is removed.

PART 901--PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM

    207. The authority citation for part 901 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437d(j) and 3535(d).

Subpart A--General Provisions

    208. Section 901.05 is amended by:
    a. Adding introductory text;
    b. Removing paragraphs (m) and (t);
    c. Redesignating paragraphs (n) through (s) as paragraphs (m) 
through (r); and
    d. Redesignating paragraphs (u) through (y) as paragraphs (s) 
through (w) to read as follows:


Sec. 901.05  Definitions.

    The terms Department, HUD, and Public Housing Agency (PHA) are 
defined in 24 CFR part 5.
* * * * *

PART 904--LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES

    209. The authority citation for part 904 continues to read as 
follows:

    Authority: 42 U.S.C. 1437-1437ee and 3535(d).

Subpart B--Turnkey III Program Description


Sec. 904.102  [Amended]

    210. Section 904.102 is amended by removing paragraph (h) and 
redesignating paragraphs (i) through (k) as paragraphs (h) through (j).

PART 913--DEFINITION OF INCOME, INCOME LIMITS, RENT AND 
REEXAMINATION OF FAMILY INCOME FOR THE PUBLIC HOUSING PROGRAM

    211. The authority citation for part 913 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437d, 1437n, and 3535(d).

    212. Section 913.102 is amended by removing the definitions of 
``Elderly person'', ``Indian'', ``Indian Housing Authority'', and 
``Public Housing Agency (PHA)'', and adding introductory text to read 
as follows:


Sec. 913.102  Definitions.

    The terms Elderly person, Indian, Indian Housing Authority (IHA), 
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 941--PUBLIC HOUSING DEVELOPMENT

    213. The authority citation for part 941 continues to read as 
follows:

    Authority: 42 U.S.C. 1437b, 1437c, 1437g, and 3535(d).

Subpart A--General

    214. Section 941.103 is amended by removing the definitions of 
``HUD'', and ``Public Housing Agency (PHA)'', and adding introductory 
text to read as follows:


Sec. 941.103  Definitions.

    The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR 
part 5.
* * * * *

Subpart B--PHA Eligibility and Program Requirements

    215. Section 941.208 is amended by:
    a. Adding introductory text;
    b. Removing paragraphs (a), (e), and (f);
    c. Redesignating paragraphs (b), (c), (d), (g), (h), and (i) as 
paragraphs (a) through (f), respectively; and
    d. Revising newly designated paragraph (b) to read as follows:


Sec. 941.208  Other Federal requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following Federal Requirements apply to this program:
* * * * *
    (b) Accessibility requirements. Participation in this program 
requires compliance with the Architectural Barriers Act of 1968 (42 
U.S.C. 4151-4157) and Executive Order 12250, 45 FR 72995, 3 CFR, 1980 
Comp., p. 298.
* * * * *

PART 942--PET OWNERSHIP IN PUBLIC HOUSING FOR THE ELDERLY OR 
HANDICAPPED

    216. The authority citation for part 942 is revised to read as 
follows:

    Authority: 12 U.S.C. 1701n-1; 42 U.S.C. 3535(d).

Subpart A--General

    217. Section 942.3 is amended by revising paragraph (c) read as 
follows:


Sec. 942.3  Definitions.

* * * * *
    (c) Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *

PART 945--DESIGNATED HOUSING--PUBLIC HOUSING DESIGNATED FOR 
OCCUPANCY BY DISABLED, ELDERLY, OR DISABLED AND ELDERLY FAMILIES

    218. The authority citation for part 945 is revised to read as 
follows:

    Authority: 42 U.S.C. 1473e and 3535(d).

Subpart A--General

    219. Section 945.105 is amended by removing the definitions of 
``Elderly person'', ``HUD or Department'', ``NAHA'', ``Public housing 
agency or PHA'', and ``Secretary'', and revising the introductory text 
to read as follows:


Sec. 945.105  Definitions.

    The terms Department, Elderly person, HUD, NAHA, Public Housing 

[[Page 5215]]
    Agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *

PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING

    220. The authority citation for part 960 continues to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, and 3535(d).

Subpart B--Admission, Rent and Reexamination

    221. Section 960.203 is revised to read as follows:


Sec. 960.203  Nondiscrimination requirements.

    The tenant selection criteria and requirements used by a PHA must 
comply with:
    (a) The nondiscrimination and equal opportunity requirements set 
forth in 24 CFR part 5, with the exception of:
    (1) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u) and the implementing regulations at 24 CFR part 135; and
    (2) Executive Order 11246, as amended by Executive Orders 11375, 
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., 
p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment 
Opportunity Programs) and implementing regulations at 41 CFR chapter 
60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 
1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority 
Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 
198) (Minority Business Enterprise Development); and 12138, as amended 
by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 
Comp., p. 245) (Women's Business Enterprise).
    (b) The Americans with Disabilities Act (42 U.S.C. 12101-12213), to 
the extent applicable.
    (c) Any tenant selection policies also must be consistent with 
HUD's affirmative fair housing objectives.

Subpart E--Exemption From Eligibility Requirements for Police 
Officers and Other Security Personnel


Sec. 960.503  [Amended]

    222. Section 960.503 is amended by removing the definition of 
``Department.''

PART 961--PUBLIC HOUSING DRUG ELIMINATION PROGRAM

    223. The authority citation for part 961 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 11901 et seq.

Subpart A--General

    224. Section 961.5 is amended by removing the definitions of ``HUD 
or Department'', ``Indian'', ``Indian Housing Authority (IHA)'', and 
``Public housing agency (PHA)'', and adding introductory text to read 
as follows:


Sec. 961.5  Definitions.

    The terms Department, HUD, Indian Housing Authority (IHA), and 
Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

Subpart D--Grant Administration

    225. Section 961.29 is amended by:
    a. Revising the introductory text;
    b. Removing paragraphs (b), (c), (g), and (h);
    c. Redesignating paragraphs (d), (e), and (f) as paragraphs (b), 
(c), and (d); and
    d. Redesignating paragraphs (i), (j), and (k) as paragraphs (e), 
(f), and (g); and
    e. Revising newly designated paragraphs (e) and (f) to read as 
follows:


Sec. 961.29  Other Federal Requirements.

    In addition to the requirements set forth in 24 CFR part 5, use of 
grant funds requires compliance with the following Federal 
requirements:
* * * * *
    (e) For IHAs, Sec. 950.115 of this chapter, ``Applicability of 
civil rights requirements'', and Sec. 950.120 of this chapter, 
``Compliance with other Federal requirements'', of this title apply and 
control to the extent they may differ from other requirements of this 
section;
    (f) Indian preference. Applicants are subject to the Indian Civil 
Rights Act (24 U.S.C . 1301), the provisions of section 7(b) of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450e(b)), and the Indian preference rules in the IHA procurement 
regulations at 24 CFR part 950, subpart B. These provisions require, to 
the greatest extent feasible, that preference and opportunities for 
training and employment be given to Indians and that preference in the 
award of subcontracts and subgrants be given to Indian Organizations 
and Indian Owned Economic Enterprises.

PART 962--PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM

    226. The authority citation for part 962 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437f, 1437u, and 3535(d).

Subpart A--General

    227. Section 962.103 is amended by removing the definitions of 
``HUD or Department'', ``Public housing agency or PHA'', and 
``Secretary'', and revising the introductory text to read as follows:


Sec. 962.103  Definitions.

    The terms Department, HUD, Public housing agency (PHA), and 
Secretary are defined in 24 CFR part 5.
* * * * *

PART 963--PUBLIC HOUSING--CONTRACTING WITH RESIDENT-OWNED 
BUSINESSES

    228. The authority citation for part 963 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437 and 3535(d).

Subpart A--General

    229. Section 963.5 is amended by removing the definitions of 
``HUD'' and ``Public housing agency (PHA)'', and adding introductory 
text to read as follows:


Sec. 963.5  Definitions.

    The terms HUD and Public housing agency (PHA) are defined in 24 CFR 
part 5.
* * * * *

PART 964--TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC 
HOUSING

    230. The Authority citation for part 964 continues to read as 
follows:

    Authority: 42 U.S.C. 1437d, 1437g, 1437l, 1437r, 1437t, and 
3535(d).

Subpart A--General Provisions

    231. Section 964.7 is amended by adding a definition of ``HA'' and 
revising the definition of ``Public Housing Agency (HA)'' to read as 
follows:


Sec. 964.7  Definitions.

* * * * *
    HA means the same as Public Housing Agency (PHA).
* * * * *
    Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *
    232. Section 964.30 is revised to read as follows:
    
[[Page 5216]]



Sec. 964.30  Other Program requirements.

    In addition to the requirements set forth in 24 CFR part 5, the 
following Federal requirements apply to this program:
    (a) Affirmative Outreach. (1) The Affirmative Fair Housing 
Marketing Program requirements of 24 CFR part 200, subpart M and the 
implementing regulations at 24 CFR part 108; and
    (2) The fair housing advertising and poster guidelines at 24 CFR 
parts 109 and 110.
    (b) Title II of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12131) and implementing regulations at 28 CFR part 35.

PART 965--PHA-OWNED OR LEASED PROJECTS--MAINTENANCE AND OPERATION

    233. The Authority citation for part 965 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437, 1437a, 1437d, 1437g, and 3535(d). 
Subpart H is also issued under 42 U.S.C. 4821-4846.

Subpart E--Tenant Allowances for Utilities

    234. Section 965.472 is amended by revising the definition of 
``Public Housing Agency [PHA]'' to read as follows:


Sec. 965.472  Definitions.

* * * * *
    Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *

PART 968--PUBLIC HOUSING MODERNIZATION

    235. The authority citation for part 968 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437d, 1437l, and 3535(d).

Subpart A--General

     236. Section 968.105 is amended by removing the definitions of 
``HUD'' and ``PHA'', and revising the introductory text to read as 
follows:


Sec. 968.105  Definitions.

    The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR 
part 5.
* * * * *
    237. Section 968.110 is amended by:
    a. The introductory text and paragraph (a) are revised;
    b. Paragraphs (b) and (h) are removed and reserved. The revisions 
read as follows:


Sec. 968.110  Other program requirements.

    In addition to the Federal requirements set forth in 24 CFR part 5, 
the PHA shall comply with the following program requirements:
    (a) Nondiscrimination and equal opportunity. The PHA shall comply 
with Title II of the Americans with Disabilities Act and 28 CFR part 
35; section 503 of the Rehabilitation Act of 1973 and 41 CFR chapter 
60-471; and the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
4157) and 24 CFR part 40.
* * * * *

Subpart D--Vacancy Reduction Program

    238. Section 968.405 is amended by removing the definitions of 
``NOFA'' and ``PHA'', and revising the introductory text to read as 
follows:


Sec. 968.405  Definitions.

    In addition to the definitions applicable under Sec. 968.105, the 
following definitions apply to this subpart. The terms NOFA and Public 
Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *

PART 999--[REMOVED]

    239. Part 999, consisting of Sec. 999.101, is removed.

CHAPTER XI--[REMOVED]

    239a. ``CHAPTER XI--SOLAR ENERGY AND ENERGY CONSERVATION BANK, 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'', is removed.

CHAPTER XV--[REMOVED]

    239b. ``CHAPTER XV--MORTGAGE INSURANCE AND LOAN PROGRAMS UNDER THE 
EMERGENCY HOMEOWNERS' RELIEF ACT, DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT'', is removed.

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    240. The authority citation for part 3280 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 5403, and 5424.

Subpart A--General


Sec. 3280.2  [Amended]

    241. Section 3280.2 is amended by removing the definition of 
``Department.''

PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

    242. The authority citation for part 3282 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 5424.

Subpart A--General

    243. Section 3282.7 is amended by:
    a. Revising the introductory text;
    b. Removing paragraphs (k), (p), and (ee);
    c. Redesignating paragraphs (l) through (o) as paragraphs (k) 
through (n);
    d. Redesignating paragraphs (q) through (dd) as paragraphs (p) 
through (cc); and
    e. Redesignating paragraphs (ff) through (oo) as paragraphs (ee) 
through (nn) to read as follows:


Sec. 3282.7  Definitions.

    The terms Department, HUD, and Secretary are defined in 24 CFR part 
5.
* * * * *
    Dated: January 18, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-2702 Filed 2-8-96; 8:45 am]
BILLING CODE 4210-32-P