U.S Code last checked for updates: Apr 27, 2024
All TitlesTitle 12Chapter 42Subchapter II
§ 4145.
Delivery of assistance through intermediaries
(a)
In general
(b)
Selection of eligible intermediaries
(1)
In general
(2)
Priority
(3)
Criteria
The criteria developed under this subsection shall—
(A)
not assign any preference or priority to applications from eligible intermediaries based on their previous participation in administering or receiving Federal grants or loans (but may exclude applicants who have failed to perform under prior contracts of a similar nature);
(B)
require an applicant to prepare a proposal that demonstrates adequate staffing, qualifications, prior experience, and a plan for participation; and
(C)
permit an applicant to serve as the administrator of assistance made available under section 4143(d) or (e) of this title, based on the applicant’s suitability and interest.
(4)
Geographic coverage
(5)
National nonprofit intermediaries
(6)
Preference
(c)
Conflicts of interest
Eligible intermediaries selected under subsection (b) to disburse assistance under section 4143 of this title shall certify that they will serve only as delegated program administrators, charged with the responsibility for reviewing and approving grant applications on behalf of the Secretary. Selected intermediaries shall—
(1)
establish appropriate procedures for grant administration and fiscal management, pursuant to standards established by the Secretary; and
(2)
receive a reasonable administrative fee, except that they may not provide other services to grant recipients with respect to projects that are the subject of the grant application and may not receive payment, directly or indirectly, from the proceeds of grants they have approved.
(d)
“Eligible intermediary” defined
For purposes of this section, the term “eligible intermediary” means a State, regional, or national organization (including a quasi-public organization) or a State or local housing agency that—
(1)
has as a central purpose the preservation of existing affordable housing and the prevention of displacement;
(2)
does not receive direct Federal appropriations for operating support;
(3)
in the case of a national nonprofit organization, has been in existence for at least 5 years prior to the date of application and has been classified by the Internal Revenue Service as an exempt organization under section 501(c)(3) of title 26;
(4)
in the case of a regional or State nonprofit organization, has been in existence for at least 3 years prior to the date of application and has been classified by the Internal Revenue Service as an exempt organization under section 501(c)(3) of title 26 or is otherwise a tax-exempt entity;
(5)
has a record of service to low-income individuals or community-based nonprofit housing developers in multiple communities and, with respect to intermediaries administering assistance under section 4143 of this title, has experience with the allocation or administration of grant or loan funds; and
(6)
meets standards of fiscal responsibility established by the Secretary.
(Pub. L. 100–242, title II, § 255, as added Pub. L. 102–550, title III, § 312, Oct. 28, 1992, 106 Stat. 3767.)
cite as: 12 USC 4145
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