Page:United States Statutes at Large Volume 104 Part 5.djvu/867

 PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4189 "(ii) Where an existing unit under a contract is demolished or disposed of, the Secretary shall not adjust the amount the agency receives under the formula unless more than one percent of the units are affected on a cumulative basis. Where more than one percent of the units are demolished or disposed of, the Secretary shall reduce the formula amount for the agency over a 3-year period to reflect removal of the units from the contract. "(iii) The Secretary shall determine whether the data under subparagraphs (B) and (C) are statistically reliable. "(3) The amount determined under the formula for agencies with fewer than 500 units shall be allocated in accordance with subsection (d). "(4) The amount determined under the formula for each agency that owns or operates 500 or more units shall be allocated to each qualifying agency in accordance with subsection (e). "(5)(A) With respect to any agency that is designated as a troubled agency with respect to the program under this section upon the initial designation of such troubled agencies under section 6(j)(2)(A)(i), the Secretary shall limit the total amount of funding under this section for the agency for fiscal year 1992 and any fiscal year thereafter, if the agency remains designated as a troubled agency, to the sum of^ "(i) the average of the amount that the troubled agency received for modernization activities under this section and for major reconstruction of obsolete projects for each of fiscal years 1989, 1990, and 1991, which average shall be adjusted to take into account changes in the cost of rehabilitating property; plus "(ii) 25 percent of the difference between the amount determined under clause (i) and the amount that would be allocated to the agency in such fiscal year if the agency were not designated as a troubled agency. "(B) In any fiscal year the Secretary may, pursuant to the request of a troubled agency, increase the amount allocated to the agency under subparagraph (A) to an amount not exceeding the amount that would be allocated to the agency in such fiscal year if the agency were not a troubled agency. An increase under this subparagraph shall be based on the sigency's progress toward meeting the performance indicators under section 6(j)(l). The Secretary shall render a decision in writing on each such request not later than 75 days after receipt of the request and any necessary supporting documentation. "(C) For any fiscal year, any amounts that would have been allocated to an Eigency under the formula under paragraph (2) that are not allocated to the agency because the agency receives the amount provided under subparagraph (A) of this paragraph, shall be allocated in such year pursuant to the formula to other agencies with 500 or more units. "(D) The Secretary shall carry out a credit system under this Credit, subparagraph to provide agencies that receive allocations under subparagraph (A) with additional Eissistance under this section after the agency is determined not to be a troubled agency, to compensate for amounts not received because of the troubled agency designation. The credit system shall be subject to the following requirements: "(i) Any agency that receives assistance pursuant to subparagraph (A) for any fiscal year shall receive credits for the dif- ference between the amount that the agency would have been

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