12 U.S.C. § 4145 — Delivery of assistance through intermediaries

(a) In general The Secretary must approve and disburse assistance under section 4143 of this title through eligible intermediaries selected by the Secretary under subsection (b). If the Secretary does not receive an acceptable proposal from an intermediary offering to administer assistance under this section in a given State^*, the Secretary must administer the program in such State directly. (b) Selection of eligible intermediaries (1) In general The Secretary must develop criteria to select eligible intermediaries, through a competitive process, to administer assistance under this subchapter. The process must include provision for a reasonable administrative fee. (2) Priority for all forms of grants available under section 4143 of this title , such criteria must give priority to applications from eligible intermediaries with demonstrated expertise or experience with the program established under this title or under the Emergency Low Income Housing Preservation Act of 1987. (3) Criteria The criteria developed under this subsection must— (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 The Secretary may select more than 1 State or regional intermediary for a single State or region. The number of intermediaries chosen for each State or region may be based on the number of eligible low-income housing^* projects in the State or region, provided there is no duplication of geographic coverage by intermediaries in the administration of the direct assistance grant program. (5) National nonprofit intermediaries National nonprofit intermediaries must be selected to administer the assistance made available under section 4143 of this title only for States or regions for which no other eligible intermediary, acceptable to the Secretary, has submitted a proposal to participate. (6) Preference for assistance made available under section 4144 of this title , preference must be given to eligible regional, State, and local intermediaries, over national nonprofit organizations. (c) Conflicts of interest Eligible intermediaries selected under subsection (b) to disburse assistance under section 4143 of this title must 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 must— (1) establish appropriate procedures for grant administration and fiscal management, under standards established by the Secretary; and (2) receive a reasonable administrative fee, except that they cannot provide other services to grant recipients for projects that are the subject of the grant application and cannot 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 before 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 before 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, for 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.