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§ 1715z-22. —  Multifamily mortgage credit programs.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 12USC1715z-22]

 
                       TITLE 12--BANKS AND BANKING
 
                      CHAPTER 13--NATIONAL HOUSING
 
                    SUBCHAPTER II--MORTGAGE INSURANCE
 
Sec. 1715z-22. Multifamily mortgage credit programs


(a) In general

    The Secretary of Housing and Urban Development (hereinafter referred 
to as the ``Secretary'') shall carry out programs through the Federal 
Housing Administration to provide new forms of Federal credit 
enhancement for multifamily loans. In carrying out the programs, the 
Secretary shall include an evaluation of the effectiveness of entering 
into partnerships or other contractual arrangements including 
reinsurance and risk-sharing agreements with State or local housing 
finance agencies, the Federal Housing Finance Board, the Federal 
National Mortgage Association, the Federal Home Loan Mortgage 
Corporation, qualified financial institutions, and other State or local 
mortgage insurance companies or bank lending consortia.

(b) Risk-sharing program

                           (1) In general

        The Secretary shall carry out a program in conjunction with 
    qualified participating entities to provide Federal credit 
    enhancement for loans for affordable multifamily housing through a 
    system of risk-sharing agreements with such entities.

                      (2) Program requirements

        (A) In general

            In carrying out the program under this subsection, the 
        Secretary shall enter into risk-sharing agreements with 
        qualified participating entities.

        (B) Mortgage insurance and reinsurance

            Agreements under subparagraph (A) may provide for (i) 
        mortgage insurance through the Federal Housing Administration of 
        loans for affordable multifamily housing originated by or 
        through, or purchased by, qualified participating entities, and 
        (ii) reinsurance, including reinsurance of pools of loans, on 
        affordable multifamily housing. In entering into risk-sharing 
        agreements under this subsection covering mortgages, the 
        Secretary may give preference to mortgages that are not already 
        in the portfolios of qualified participating entities.

        (C) Risk apportionment

            Agreements entered into under this subsection between the 
        Secretary and a qualified participating entity shall specify the 
        percentage of loss that each of the parties to the agreement 
        will assume in the event of default of the insured or reinsured 
        multifamily mortgage. Such agreements shall specify that the 
        qualified participating entity and the Secretary shall share any 
        loss in accordance with the risk-sharing agreement.

        (D) Reimbursement capacity

            Agreements entered into under this subsection between the 
        Secretary and a qualified participating entity shall provide 
        evidence acceptable to the Secretary of the capacity of such 
        entity to fulfill any reimbursement obligations made pursuant to 
        this subsection. Evidence of such capacity which may be 
        considered by the Secretary may include--
                (i) a pledge of the full faith and credit of a qualified 
            participating entity to fulfill any obligations entered into 
            by the entity;
                (ii) reserves pledged or otherwise restricted by the 
            qualified participating entity in an amount equal to an 
            agreed upon percentage of the loss assumed by the entity 
            under subparagraph (C);
                (iii) funds pledged through a State or local guarantee 
            fund; or
                (iv) any other form of evidence mutually agreed upon by 
            the Secretary and the qualified participating entity.

        (E) Underwriting standards

            The Secretary shall allow any qualified participating entity 
        to use its own underwriting standards and loan terms and 
        conditions for purposes of underwriting loans to be insured 
        under this subsection, except as provided in this section, 
        without further review by the Secretary, except that the 
        Secretary may impose additional underwriting criteria and loan 
        terms and conditions for contractual agreements where the 
        Secretary retains more than 50 percent of the risk of loss. Any 
        financing permitted on property insured under this subsection 
        other than the first mortgage shall be expressly subordinate to 
        the insured mortgage.

        (F) Authority of Secretary

            The Secretary, upon request of a qualified participating 
        entity, may insure or reinsure and make commitments to insure or 
        reinsure under this section any mortgage, advance, loan, or pool 
        of mortgages otherwise eligible under this section, pursuant to 
        a risk-sharing agreement providing that the qualified 
        participating entity will carry out (under a delegation or 
        otherwise, and with or without compensation, but subject to 
        audit, exception, or review requirements) such credit approval, 
        appraisal, inspection, issuance of commitments, approval of 
        insurance of advances, cost certification, servicing, property 
        disposition, or other functions as the Secretary shall approve 
        as consistent with the purpose of this section. All appraisals 
        of property for mortgage insurance under this section shall be 
        completed by a Certified General Appraiser in accordance with 
        the Uniform Standards of Professional Appraisal Practice.

        (G) Disclosure of records

            Qualified participating entities shall make available to the 
        Secretary or the Secretary's designee, at the Secretary's 
        request, such financial and other records as the Secretary deems 
        necessary for purposes of review and monitoring for the program 
        under this section.

                   (3) Development of alternatives

        The Secretary shall develop and assess a variety of risk-sharing 
    alternatives, including arrangements under which the Secretary 
    assumes an appropriate share of the risk related to long-term 
    mortgage loans on newly constructed or acquired multifamily rental 
    housing, mortgage refinancings, bridge financing for construction, 
    and other forms of multifamily housing mortgage lending that the 
    Secretary deems appropriate to carry out the purposes of this 
    subsection. Such alternatives shall be designed--
            (A) to ensure that other parties bear a share of the risk, 
        in percentage amount and in position of exposure, that is 
        sufficient to create strong, market-oriented incentives for 
        other participating parties to maintain sound underwriting and 
        loan management practices;
            (B) to develop credit mechanisms, including sound 
        underwriting criteria, processing methods, and credit 
        enhancements, through which resources of the Federal Housing 
        Administration can assist in increasing multifamily housing 
        lending as needed to meet the expected need in the United 
        States;
            (C) to provide a more adequate supply of mortgage credit for 
        sound multifamily rental housing projects in underserved urban 
        and rural markets;
            (D) to encourage major financial institutions to expand 
        their participation in mortgage lending for sound multifamily 
        housing, through means such as mitigating uncertainties 
        regarding actions of the Federal Government (including the 
        possible failure to renew short-term subsidy contracts);
            (E) to increase the efficiency, and lower the costs to the 
        Federal Government, of processing and servicing multifamily 
        housing mortgage loans insured by the Federal Housing 
        Administration; and
            (F) to improve the quality and expertise of Federal Housing 
        Administration staff and other resources, as required for sound 
        management of reinsurance and other market-oriented forms of 
        credit enhancement.

                      (4) Eligibility standards

        The Secretary shall establish and enforce standards for 
    eligibility under this subsection of qualified participating 
    entities under this subsection, as the Secretary determines to be 
    appropriate.

                       (5) Insurance authority

        Using any authority provided in appropriation Acts to insure 
    mortgages under the National Housing Act [12 U.S.C. 1701 et seq.], 
    the Secretary may enter into commitments under this subsection for 
    risk-sharing units.

                              (6) Fees

        The Secretary shall establish and collect premiums and fees 
    under this subsection as the Secretary determines appropriate to (A) 
    achieve the purpose of this subsection, and (B) compensate the 
    Federal Housing Administration for the risks assumed and related 
    administrative costs.

                    (7) Non-Federal participation

        The Secretary shall carry out this subsection, to the maximum 
    extent practicable, with the participation of well-established 
    residential mortgage originators, financial institutions that invest 
    in multifamily housing mortgages, multifamily housing sponsors, and 
    such other private sector experts in multifamily housing finance as 
    the Secretary determines to be appropriate.

            (8) Prohibition on Ginnie Mae securitization

        The Government National Mortgage Association shall not 
    securitize any multifamily loans insured or reinsured under this 
    subsection.

               (9) Qualification as affordable housing

        Multifamily housing securing loans insured or reinsured under 
    this subsection shall qualify as affordable only if the housing is 
    occupied by families and bears rents not greater than the gross rent 
    for rent-restricted residential units as determined under section 
    42(g) of title 26.

          (10) Certification of subsidy layering compliance

        The requirements of section 3545(d) of title 42 may be satisfied 
    in connection with a commitment to insure a mortgage under this 
    subsection by a certification by a housing credit agency (including 
    an entity established by a State that provides mortgage insurance) 
    to the Secretary that the combination of assistance within the 
    jurisdiction of the Secretary and other government assistance 
    provided in connection with a property for which a mortgage is to be 
    insured shall not be any greater than is necessary to provide 
    affordable housing.

                         (11) Implementation

        The Secretary shall take any administrative actions necessary to 
    initiate the program under this subsection.

(c) Housing finance agency program

                           (1) In general

        The Secretary shall carry out a specific program in conjunction 
    with qualified housing finance agencies (including entities 
    established by States that provide mortgage insurance) to provide 
    Federal credit enhancement for loans for affordable multifamily 
    housing through a system of risk-sharing agreements with such 
    agencies.

                      (2) Program requirements

        (A) In general

            In carrying out the program authorized under this 
        subsection, the Secretary shall enter into risk-sharing 
        agreements with qualified housing finance agencies.

        (B) Mortgage insurance

            Agreements under subparagraph (A) shall provide for full 
        mortgage insurance through the Federal Housing Administration of 
        the loans for affordable multifamily housing originated by or 
        through qualified housing finance agencies and for reimbursement 
        to the Secretary by such agencies for either all or a portion of 
        the losses incurred on the loans insured.

        (C) Risk apportionment

            Agreements entered into under this subsection between the 
        Secretary and a qualified housing finance agency shall specify 
        the percentage of loss that each of the parties to the agreement 
        will assume in the event of default of the insured multifamily 
        mortgage. Such agreements shall specify that the qualified 
        housing finance agency and the Secretary shall share any loss in 
        accordance with the risk-sharing agreement.

        (D) Reimbursement capacity

            Agreements entered into under this subsection between the 
        Secretary and a qualified housing finance agency shall provide 
        evidence of the capacity of such agency to fulfill any 
        reimbursement obligations made pursuant to this subsection. 
        Evidence of such capacity may include--
                (i) a pledge of the full faith and credit of a qualified 
            State or local agency to fulfill any obligations entered 
            into by the qualified housing finance agency;
                (ii) reserves pledged or otherwise restricted by the 
            qualified housing finance agency in an amount equal to an 
            agreed upon percentage of the loss assumed by the housing 
            finance agency under subparagraph (C);
                (iii) funds pledged through a State or local guarantee 
            fund; or
                (iv) any other form of evidence mutually agreed upon by 
            the Secretary and the qualified housing finance agency.

        (E) Underwriting standards

            The Secretary shall allow any qualified housing finance 
        agency to use its own underwriting standards and loan terms and 
        conditions for purposes of underwriting loans to be insured 
        under this subsection without further review by the Secretary, 
        except that the Secretary may impose additional underwriting 
        criteria and loan terms and conditions for contractual 
        agreements where the Secretary retains more than 50 percent of 
        the risk of loss.

        (F) Disclosure of records

            Qualified housing finance agencies shall make available to 
        the Secretary such financial and other records as the Secretary 
        deems necessary for program review and monitoring purposes.

                   (3) Mortgage insurance premiums

        The Secretary shall establish a schedule of insurance premium 
    payments for mortgages insured under this subsection based on the 
    percentage of loss the Secretary may assume. Such schedule shall 
    reflect lower or nominal premiums for qualified housing finance 
    agencies that assume a greater share of the risk apportioned 
    according to paragraph (2)(C).

                       (4) Insurance authority

        Using any authority provided in appropriation Acts to insure 
    mortgages under the National Housing Act [12 U.S.C. 1701 et seq.], 
    the Secretary may enter into commitments under this subsection for 
    risk-sharing units.

                      (5) Identity of interest

        Notwithstanding any other provision of law, the Secretary shall 
    not apply identity of interest provisions to agreements entered into 
    with qualified State housing finance agencies under this subsection.

            (6) Prohibition on Ginnie Mae securitization

        The Government National Mortgage Association shall not 
    securitize any multifamily loans insured under this subsection.

               (7) Qualification as affordable housing

        Multifamily housing securing loans insured under this subsection 
    shall qualify as affordable only if the housing is occupied by 
    families and bears rents not greater than the gross rent for rent-
    restricted residential units as determined under section 42(g) of 
    title 26.

                           (8) Regulations

        Not later than 90 days after October 28, 1992, the Secretary 
    shall issue such regulations as may be necessary to carry out this 
    subsection.

                 (9) Environmental and other reviews

        (A) Environmental reviews

            (i) In general

                (I) In order to assure that the policies of the National 
            Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] 
            and other provisions of law which further the purposes of 
            such Act (as specified in regulations issued by the 
            Secretary) are most effectively implemented in connection 
            with the insurance of mortgages under subsection (c)(2) of 
            this section, and to assure to the public undiminished 
            protection of the environment, the Secretary may, under such 
            regulations, in lieu of the environmental protection 
            procedures otherwise applicable, provide for agreements to 
            endorse for insurance mortgages under subsection (c)(2) of 
            this section upon the request of qualified housing finance 
            agencies under this subsection, if the State or unit of 
            general local government, as designated by the Secretary in 
            accordance with regulations, assumes all of the 
            responsibilities for environmental review, decisionmaking, 
            and action pursuant to such Act, and such other provisions 
            of law as the regulations of the Secretary may specify, that 
            would otherwise apply to the Secretary with respect to the 
            insurance of mortgages on particular properties.
                (II) The Secretary shall issue regulations to carry out 
            this subparagraph only after consultation with the Council 
            on Environmental Quality. Such regulations shall, among 
            other matters, provide--
                    (aa) for the monitoring of the performance of 
                environmental reviews under this subparagraph;
                    (bb) subject to the discretion of the Secretary, for 
                the provision or facilitation of training for such 
                performance; and
                    (cc) subject to the discretion of the Secretary, for 
                the suspension or termination by the Secretary of the 
                qualified housing finance agency's responsibilities 
                under subclause (I).

                (III) The Secretary's duty under subclause (II) shall 
            not be construed to limit any responsibility assumed by a 
            State or unit of general local government with respect to 
            any particular property under subclause (I).
            (ii) Procedure

                The Secretary shall approve a mortgage for the provision 
            of mortgage insurance subject to the procedures authorized 
            by this paragraph only if, not less than 15 days prior to 
            such approval, prior to any approval, commitment, or 
            endorsement of mortgage insurance on the property on behalf 
            of the Secretary, and prior to any commitment by the 
            qualified housing finance agency to provide financing under 
            the risk-sharing agreement with respect to the property, the 
            qualified housing finance agency submits to the Secretary a 
            request for such approval, accompanied by a certification of 
            the State or unit of general local government that meets the 
            requirements of clause (iii). The Secretary's approval of 
            any such certification shall be deemed to satisfy the 
            Secretary's responsibilities under the National 
            Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] 
            and such other provisions of law as the regulations of the 
            Secretary specify insofar as those responsibilities relate 
            to the provision of mortgage insurance on the property that 
            is covered by such certification.
            (iii) Certification

                A certification under the procedures authorized by this 
            paragraph shall--
                    (I) be in a form acceptable to the Secretary;
                    (II) be executed by the chief executive officer or 
                other officer of the State or unit of general local 
                government who qualifies under regulations of the 
                Secretary;
                    (III) specify that the State or unit of general 
                local government under this section has fully carried 
                out its responsibilities as described under clause (i); 
                and
                    (IV) specify that the certifying officer consents to 
                assume the status of a responsible Federal official 
                under the National Environmental Policy Act of 1969 [42 
                U.S.C. 4321 et seq.] and under each provision of law 
                specified in regulations issued by the Secretary insofar 
                as the provisions of such Act or such other provisions 
                of law apply pursuant to clause (i), and is authorized 
                and consents on behalf of the State or unit of general 
                local government and himself or herself to accept the 
                jurisdiction of the Federal courts for the purpose of 
                enforcement of the responsibilities as such an official.
            (iv) Approval by States

                In cases in which a unit of general local government 
            carries out the responsibilities described in clause (i), 
            the Secretary may permit the State to perform those actions 
            of the Secretary described in clause (ii) and the 
            performance of such actions by the State, where permitted by 
            the Secretary, shall be deemed to satisfy the Secretary's 
            responsibilities referred to in the second sentence of 
            clause (ii).

        (B) Lead-based paint poisoning prevention

            In carrying out the requirements of section 302 of the Lead-
        Based Paint Poisoning Prevention Act [42 U.S.C. 4822], the 
        Secretary may provide by regulation for the assumption of all or 
        part of the Secretary's duties under such Act [42 U.S.C. 4801 et 
        seq.] by qualified housing finance agencies, for purposes of 
        this section.

        (C) Certification of subsidy layering compliance

            The requirements of section 3545(d) of title 42 may be 
        satisfied in connection with a commitment to insure a mortgage 
        under this subsection by a certification by a housing credit 
        agency (including an entity established by a State that provides 
        mortgage insurance) to the Secretary that the combination of 
        assistance within the jurisdiction of the Secretary and other 
        government assistance provided in connection with a property for 
        which a mortgage is to be insured shall not be any greater than 
        is necessary to provide affordable housing.

                          (10) Definitions

        For purposes of this subsection, the following definitions shall 
    apply:

        (A) Mortgage

            The term ``mortgage'' means a first mortgage on real estate 
        that is--
                (i) owned in fee simple; or
                (ii) subject to a leasehold interest that--
                    (I) has a term of not less than 99 years and is 
                renewable; or
                    (II) has a remaining term that extends beyond the 
                maturity of the mortgage for a period of not less than 
                10 years.

        (B) First mortgage

            The term ``first mortgage'' means a single first lien given 
        to secure advances on, or the unpaid purchase price of, real 
        estate, under the laws of the State in which the real estate is 
        located, together with the credit instrument, if any, secured 
        thereby. Any other financing permitted on property insured under 
        this section must be expressly subordinate to the insured 
        mortgage.

        (C) Unit of general local government; State

            The terms ``unit of general local government'' and ``State'' 
        have the same meanings as in section 5302(a) of title 42.

(Pub. L. 102-550, title V, Sec. 542, Oct. 28, 1992, 106 Stat. 3794; Pub. 
L. 103-233, title III, Sec. 307(a), (b), Apr. 11, 1994, 108 Stat. 373, 
376; Pub. L. 104-120, Sec. 8, Mar. 28, 1996, 110 Stat. 836; Pub. L. 104-
134, title I, Sec. 101(e) [title II, Sec. 205], Apr. 26, 1996, 110 Stat. 
1321-257, 1321-284; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327; Pub. L. 105-18, title II, Sec. 10003, June 12, 
1997, 111 Stat. 201; Pub. L. 105-276, title II, Sec. 211, Oct. 21, 1998, 
112 Stat. 2486; Pub. L. 106-74, title II, Sec. 226, as added Pub. L. 
106-113, div. A, title I, Sec. 175(d), Nov. 29, 1999, 113 Stat. 1534; 
Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235], Oct. 27, 2000, 114 
Stat. 1441, 1441A-35.)

                       References in Text

    The National Housing Act, referred to in subsecs. (b)(5) and (c)(4), 
is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is 
classified principally to this chapter (Sec. 1701 et seq.). For complete 
classification of this Act to the Code, see section 1701 of this title 
and Tables.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (c)(9)(A)(i)(I), (ii), (iii)(IV), is Pub. L. 91-190, Jan. 1, 
1970, 83 Stat. 852, as amended, which is classified generally to chapter 
55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 4321 of Title 42 and Tables.
    The Lead-Based Paint Poisoning Prevention Act, referred to in 
subsec. (c)(9)(B), is Pub. L. 91-695, Jan. 13, 1971, 84 Stat. 2078, as 
amended, which is classified generally to chapter 63 (Sec. 4801 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 4801 
of Title 42 and Tables.

                          Codification

    Section was formerly set out as a note under section 1707 of this 
title.
    Section was enacted as part of the Multifamily Housing Finance 
Improvement Act and also as part of the Housing and Community 
Development Act of 1992, and not as part of the National Housing Act 
which comprises this chapter.


                               Amendments

    2000--Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235(6)], 
substituted ``programs'' for ``demonstrations'' in section catchline.
    Subsec. (a). Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235(1)], 
substituted ``provide'' for ``demonstrate the effectiveness of 
providing'' in first sentence and ``the programs'' for ``demonstration 
programs'' in second sentence.
    Subsec. (b). Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235(5)], 
struck out ``pilot'' after ``Risk-sharing'' in heading.
    Subsec. (b)(1). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(2)(A)], substituted ``provide'' for ``determine the 
effectiveness of''.
    Subsec. (b)(2)(A). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(5)], struck out ``pilot'' before ``program''.
    Subsec. (b)(5). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(2)(B)], added par. (5) and struck out heading and text of 
former par. (5). Text read as follows: ``Using any authority provided in 
appropriation Acts to insure loans under the National Housing Act, the 
Secretary may enter into commitments under this subsection for risk 
sharing with respect to mortgages on not more than 7,500 units during 
fiscal year 1996. The demonstration authorized under this subsection 
shall not be expanded until the reports required under subsection (d) 
are submitted to Congress, and not more than an additional 25,000 units 
in each of the fiscal years 1999 and 2000.''
    Subsec. (c). Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235(5)], 
struck out ``pilot'' after ``finance agency'' in heading.
    Subsec. (c)(1). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(3)(A), (5)], struck out ``pilot'' before ``program'' and 
substituted ``provide Federal credit enhancement'' for ``test the 
effectiveness of Federal credit enhancement''.
    Subsec. (c)(2). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(5)], struck out ``pilot'' after ``Program requirements'' in 
heading.
    Subsec. (c)(2)(A). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(5)], struck out ``pilot'' before ``program''.
    Subsec. (c)(4). Pub. L. 106-377, Sec. 1(a)(1) [title II, 
Sec. 235(3)(B)], added par. (4) and struck out heading and text of 
former par. (4). Text read as follows: ``Using any authority provided by 
appropriations Acts to insure mortgages under the National Housing Act, 
the Secretary may enter into commitments under this subsection with 
respect to mortgages on not more than 12,000 units during fiscal year 
1996, not more than an additional 7,500 units during fiscal year 1997 
and not more than an additional 25,000 units in each of fiscal years 
1999 and 2000. The demonstration authorized under this subsection shall 
not be expanded until the reports required under subsection (d) of this 
section are submitted to the Congress.''
    Subsec (d). Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 235(4)], 
struck out heading and text of subsec. (d) which related to independent 
studies and reports.
    1999--Subsec. (b)(5). Pub. L. 106-74, Sec. 226(1), as added by 106-
113, Sec. 175(d), substituted ``in each of the fiscal years 1999 and 
2000'' for ``during fiscal year 1999''.
    Subsec. (c)(4). Pub. L. 106-74, Sec. 226(2), as added by Pub. L. 
106-113, Sec. 175(d), substituted ``in each of fiscal years 1999 and 
2000'' for ``during fiscal year 1999''.
    1998--Subsec. (b)(5). Pub. L. 105-276, Sec. 211(1), inserted before 
period at end ``, and not more than an additional 25,000 units during 
fiscal year 1999''.
    Subsec. (c)(4). Pub. L. 105-276, Sec. 211(2), substituted ``1996,'' 
for ``1996 and'' and inserted ``and not more than an additional 25,000 
units during fiscal year 1999'' after ``fiscal year 1997''.
    1997--Subsec. (c)(4). Pub. L. 105-18 substituted ``on not more than 
12,000 units during fiscal year 1996 and not more than an additional 
7,500 units during fiscal year 1997'' for ``on not more than 12,000 
units during fiscal year 1996''.
    1996--Subsec. (b)(5). Pub. L. 104-120, Sec. 8(a), and Pub. L. 104-
134, Sec. 101(e) [title II, Sec. 205(a)], amended par. (5) identically, 
substituting ``on not more than 7,500 units during fiscal year 1996'' 
for ``on not more than 15,000 units over fiscal years 1993 and 1994''.
    Subsec. (c)(4). Pub. L. 104-120, Sec. 8(b), and Pub. L. 104-134, 
Sec. 101(e) [title II, Sec. 205(b)], amended par. (4) identically, 
substituting ``on not more than 12,000 units during fiscal year 1996'' 
for ``on not to exceed 30,000 units over fiscal years 1993, 1994, and 
1995''.
    1994--Subsec. (b)(1), (2). Pub. L. 103-233, Sec. 307(a)(1), added 
pars. (1) and (2) and struck out headings and text of former pars. (1) 
and (2) relating to authority of Secretary for carrying out risk-sharing 
pilot program and authority of Secretary for reinsurance agreements, 
respectively.
    Subsec. (b)(4). Pub. L. 103-233, Sec. 307(a)(2), substituted 
``eligibility under this subsection of qualified participating 
entities'' for ``financial institutions and entities to be eligible to 
enter into reinsurance agreements''.
    Subsec. (b)(8). Pub. L. 103-233, Sec. 307(a)(3), (4), added par. (8) 
and struck out heading and text of former par. (8). Text read as 
follows: ``The Secretary shall take any administrative actions necessary 
to initiate the pilot program under this subsection not later than the 
expiration of the 8-month period beginning on October 28, 1992.''
    Subsec. (b)(9), (10). Pub. L. 103-233, Sec. 307(a)(4), added pars. 
(9) and (10).
    Subsec. (b)(11). Pub. L. 103-233, Sec. 307(a)(3), added par. (11).
    Subsec. (c)(1). Pub. L. 103-233, Sec. 307(b)(1), inserted 
``(including entities established by States that provide mortgage 
insurance)'' after ``qualified housing finance agencies''.
    Subsec. (c)(2)(C). Pub. L. 103-233, Sec. 307(b)(2)(A), substituted 
``Such agreements shall specify that the qualified housing finance 
agency and the Secretary shall share any loss in accordance with the 
risk-sharing agreement.'' for ``Such agreements shall specify that the 
qualified housing finance agency and the Secretary shall share equally 
the full amount of any loss on the insured mortgage.''
    Subsec. (c)(2)(F). Pub. L. 103-233, Sec. 307(b)(2)(B), added subpar. 
(F).
    Subsec. (c)(7). Pub. L. 103-233, Sec. 307(b)(3), struck out ``very 
low-income'' before ``families'' and ``(2)'' after ``section 42(g)''.
    Subsec. (c)(9), (10). Pub. L. 103-233, Sec. 307(b)(4), added pars. 
(9) and (10).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-120 to be construed to have become 
effective Oct. 1, 1995, see section 13(a) of Pub. L. 104-120, set out as 
a note under section 1437d of Title 42, The Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 1715z-4a, 1715z-19, 1715z-
22a of this title.



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