TITLE-VII -- Rural Housing Purpose Clause: The Senate bill contained a provision not included in the House amendment that established purposes of the title to reaffirm the national commitment to expand affordable housing in rural areas; to promote full use of the Section 502 program by very low income people through a partially deferred mortgage program; and to improve the quality of affordable housing in underserved rural areas with high concentrations of poverty and substandard housing. The conference report does not contain the Senate provision, except to the extent that the purpose of serving underserved areas has been amended and inserted under the section titled Underserved Areas. Authorizations Loan insurance and loan guarantee: The House amendment contained a provision that provided the Secretary of Agriculture with aggregate loan insurance and guarantee authority of $2,091,200,000 for FY 1991. The Senate bill contained a provision that provided aggregate amounts including: aggregate loan insurance and guarantee authority of $2,160,000,000 for FY 1991; $2,246,400,000 for FY 1992; and $2,336,256,000 for FY 1993. The conference report contains an authorization for aggregate loan insurance and guarantee authority of $2,125,800,000 for FY 1991 and $2,217,150,000 for FY 1992. Section 502: The House amendment contained a provision that authorized Section 502 loans at $1,325,000,000 for FY 1991. The Senate bill contained a provision that authorized Section 502 loans at $1,457,465,000 for FY 1991; $1,515,764,000 for FY 1992; and $1,576,394,000 for FY 1993. The conference report contains an authorization for Section 502 loans at $1,391,300,000 for FY 1991 and $1,451,100,000 for FY 1992. The House amendment contained a provision not included in the Senate bill that authorized a new loan guarantee program for low and moderate income borrowers. The conference report contains an authorization for 502(h) at such sums as are appropriated. The committee's intent for providing a separate authorization for 502(h) is to insure that funds appropriated under this new program for low and moderate income borrowers do not count under the authorization ceiling for insured and direct loans for low income borrowers, as authorized under 502. Section 504: The House amendment contained a provision that authorized Section 504 improvement loans at $12,000,000 in FY 1991. The Senate bill contained a provision that authorized Section 504 improvement loan at $11,715,000 for FY 1991; $12,184,000 for FY 1992; and $12,671,000 for FY 1993. The conference report contains an authorization for Section 504 loans at $11,900,000 for FY 1991 and $12,400,000 for FY 1992. Section 514: The House amendment contained a provision that authorized Section 514 farm labor housing loans at $12,000,000 for FY 1991. The Senate bill contained a provision that authorized Section 514 farm labor housing loans at $11,870,000 for FY 1991, $12,344,000 for FY 1992 and $12,839,000 for FY 1993. The conference report contains an authorization for Section 514 loans at $12,000,000 for FY 1991 and $12,500,000 for FY 1992. Section 515: The House amendment contained a provision that authorized Section 515 rental housing loans at $740,200,000 for FY 1991. The Senate bill contained a provision that authorized Section 515 rental housing loans at $677,840,000 for FY 1991, $704,954,000 for FY 1992 and $733,152,000 for FY 1993. The conference report contains an authorization for Section 515 loans at $709,000,000 for FY 1991 and $739,500,000 for FY 1992. Section 523 mutual housing: The House amendment contained a provision that authorized Section 523(b)(1)(B) mutual housing and self-help loans at $1,000,000 for FY 1991. The Senate bill contained a provision that authorized Section 523(b)(1) mutual housing and self-help loans at $520,000 for FY 1991, $540,000 for FY 1992 and $562,000 for FY 1993. The conference report contains an authorization for Section 523 loans at $800,000 for FY 1991 and $800,000 for FY 1992. Section 524: The House amendment contained a provision that authorized Section 524 site loans at $1,000,000 for FY 1991. The Senate bill contained a provision that authorized Section 524 site loans at $590,000 for FY 1991, $614,000 for FY 1992 and $638,000 for FY 1993. The conference report contains an authorization for Section 524 loans at $800,000 for FY 1991 and $850,000 for FY 1992. Authorizations for appropriations Section 502(f)(1): The House amendment contained a provision not included in the Senate bill to finance the difference between the appraised value and the costs of land and building for single family new houses in remote rural areas. The conference report contains a new grant authority at $1,000,000 for FY 1991 and $1,100,000 for FY 1992. Section 504: The House amendment contained a provision that authorized Section 504 grants at $18,000,000 for FY 1991. The Senate bill contained a provision that authorized Section 504 at $19 million for FY 1991; $19,760,000 for FY 1992 and $20,550,000 for FY 1993. The conference report contains an authorization for Section 504 grants of $20,200,000 for FY 1991 and $21,100,000 for FY 1992. Section 509(c): The House amendment contained a provision that provided grants for correcting defective housing under Section 509(c) in the amount of $1,000,000 for FY 1991. The Senate bill contained a provision that provided such grants under Section 509(c) in the amount of $520,000 for FY 1991, $540,000 for FY 1992, and $562,000 for FY 1993. The conference report contains an authorization for Section 509(c) of $550,000 for FY 1991 and $600,000 for FY 1992. Section 511: The Senate bill contained a provision not included in the House amendment that allocated such sums as are necessary to meet notes and other obligations equal to the aggregate of contributions and credits on principal due on Section 503 loans and any interest due on similar notes or other obligations. The conference report contains the Senate provision. Section 516: The House amendment contained a provision that authorized Section 516(a-j) farm labor rental assistance at $21,296,000 for FY 1991. The Senate bill contained a provision that authorized Section 516(a-j) at $20,340,000 for FY 1991, $21,154,000 for FY 1992 and $22 million for FY 1993. The conference report contains an authorization for Section 516 at $20,900,000 for FY 1991 and $21,700,000 for FY 1992. The House amendment contained a provision not included in the Senate bill that provided grants for the construction, rehabilitation, and acquisition of housing for migrant farmworkers and rural homeless. The conference report contains an authorization for this new provision under 516(k) at $10,000,000 for FY 1991 and $10,500,000 for FY 1992. Section 523(f): The House amendment contained a provision that authorized Section 523(f) mutual and self-help housing grants at $8,979,000 for FY 1991. The Senate bill contained a provision that authorized Section 523(f) at $14,340,000 for FY 1991, $14,914,000 for FY 1992 and $15,510,000 for FY 1993. The conference report contains an authorization for Section 523(f) at $13,400,000 for FY 1991 and $13,900,000 for FY 1992. Section 533: The House amendment contained a provision that authorized Section 533 housing preservation grants at $29,906,000 for FY 1991. The Senate bill contained a provision that authorized Section 533 at $25,800,000 in FY 1991; $26,832,000 for FY 1992; and $27,906,000 for FY 1993. The conference report contains an authorization for Section 533 at $29,600,000 for FY 1991 and $30,800,000 for FY 1992. Rental assistance payment contracts: The House amendment contained a provision that authorized Section 521 rental assistance payment contracts to total $400,000,000 for FY 1991. The Senate bill contained a provision that authorized rental assistance up to $395,000,000 for FY 1991; $410,800,000 for FY 1992; and $427,232,000 for FY 1993. The conference report contains an authorization for Section 521 at $397,000,000 for FY 1991 and $414,100,000 for FY 1992. Supplemental rental assistance contracts: The House amendment contained a provision not included in the Senate bill that authorized supplemental rental assistance contracts to total $5,200,000 for FY 1991. The conference report contains the House provision with an amendment to provide an additional authorization for FY 1992 of $5,500,000. Extension of authority: The Senate bill contained a provision not included in the House amendment that extended rural rental rehabilitation demonstration under Section 17 of the 1937 Act until September 30, 1992. The conference report does not contain the Senate provision. The conferees intend that rental rehabilitation activities in rural areas be undertaken through the housing preservation grant program which FmHA has yet to implement for rental properties. The House amendment contained a provision that extended Section 515(b)(4) rental housing loan authority and Section 523 mutual and self-help loan authority until September 30, 1991. The Senate bill contained a provision that extended Section 515 loan authority and Section 523 mutual and self-help loan authority until September 30, 1993. The conference report contains the House provision. Effect of foster care children in determination of family composition and size: The House amendment contained a provision not included in the Senate bill that establishes that a child's temporary absence from a home due to placement in foster care would not affect the family composition and size. The conference report contains the House provision. Escrow accounts: The Senate bill contained a provision not included in the House amendment that required the Secretary to pay interest rates on escrow accounts comparable to conventional lenders where the state prescribes interest to be paid. The conference report contains the Senate provision. Remote rural areas: The House amendment contained a provision not included in the Senate bill that required the Secretary to consider the actual cost of land and buildings as sufficient security for a Section 502 home loan in a remote rural area or for a borrower who lives or works in a remote rural area. The conference report contains the House provision with an amendment which provides for a grant program, subject to appropriations, to make up the difference between the appraised value and the costs of land and building for single-family new houses in remote rural areas. The House amendment contained a provision not included in the Senate bill that prohibited the Secretary from refusing to make or insure any FmHA Section 502 loans on the basis that the housing involved is located in an area that is excessively rural in character or excessively remote. The amendment made by this section would apply with respect to classification of rural areas for fiscal year 1991 and after. The conference report contains the House provision. The conferees are aware that there is a legitimate concern that security in remote rural areas may not be sufficient for the federal mortgage. In such situations and where the appraised value of a home is less than the cost of land and construction, the conferees intend that the Secretary provide grants for the difference between the appraised value and cost. The Secretary is directed to promulgate interim rules within 120 days of enactment. Deferred mortgage program: The House amendment contained a provision that permitted the Secretary to defer Section 502 loan payments on a demonstration basis for families who do not have sufficient income to repay Section 502 loans but are otherwise qualified under Section 502. The Secretary could defer mortgage payments beyond the affordable amount at 1% interest, but no deferred payment could exceed 50% of the amount of the payment due at 1% interest. Deferred mortgages would return to normal payment status when the borrower's ability to repay improves and deferred amounts are subject to recapture. Subject to appropriations, no more than 10% of the amount approved for Section 502 loans would be authorized to be used for deferred mortgages in FY 1991. The Senate bill contained a similar provision that provided for a deferral of not more than 20% of principal if (1) the borrowers reside in a state where 10% or more of set-asides have not been obligated since 11/30/83; (2) the deferral is necessary to enable the borrower to make payments and the borrower can be expected to amortize fully deferred principal over the remaining life of the loan. Any increases in mortgage payments would be applied first to repayment of deferred principal with interest and then to an increase in interest on the loan. Interest on deferred principal would remain at 1% until the deferral has been repaid in full. The conference report contains the House provision with an amendment which provides authority in fiscal years 1991 and 1992 for FmHA to defer up to 25 percent of Section 502 mortgage payments at 1 percent interest for very-low-income families or persons otherwise deemed unable to afford the regular payment. In addition, the committee adopted technical amendments recommended by FmHA. In implementing this program the Secretary shall promulgate interim rules no later than 120 days after enactment, and shall provide the authorizing committees with a preliminary report on the demonstration results no later than 90 days prior to the end of fiscal year 1992 and a final report no later than 120 days after the end of that fiscal year. Section 502 loan guarantee program: The House amendment contained a provision not included in the Senate bill with respect to the Section 502 loan guarantee program. The House provision established findings and purposes, and amended the existing Section 502 FmHA program by authorizing for up to 100% of the loan amount, loan guarantees for moderate-income borrowers whose incomes do not exceed area median incomes. The conference report contains the House provisions amended to provide a separate authorization. This new subsection directs the Secretary to establish a program for the guarantee of single-family housing loans and provides in part that "loans shall be guaranteed in an amount equal to 90 percent of the loan." The conferees intend by this language to give the agency flexibility in the use of different methods of structuring its guarantees, so long as the agreement would result in the Secretary bearing 90 percent of the loss of the total amount of the total of the loan so guaranteed. For example, the Secretary might construct a system in which 100 percent of the first portion of the loss would be borne by the Secretary and a lesser percentage of the remaining loss would be repaid to the lender. We encourage the Secretary to consult with interested groups in the private sector to determine how best to construct the guarantee program so as to create mortgage-backed securities which will be attractive to investors and thus maximize the capital available flowing through to finance homes for moderate and low income borrowers. Foreclosure procedures: The House amendment contained a provision not included in the Senate bill that required the Secretary of Agriculture to follow the mortgage foreclosure procedures of the state where a property is located to the extent that the state's procedures are more favorable to the borrower than the procedures that the Secretary would otherwise follow when foreclosing a mortgage. The conference report contains the House provision. Housing in underserved areas: The House amendment contained a provision that required the Secretary of Agriculture to designate 50 counties and communities in FY 1991 and 100 counties and communities in FY 1992 as targeted underserved areas that have severe unmet housing needs. The Senate bill contained a similar provision except that the Secretary would be authorized to designate 100 underserved counties in FY 1991 and 1992. The conference report contains the Senate provision with an amendment to include purposes for the program which highlight the lower Mississippi Delta region and incorporate provisions related to colonias which are deemed to be underserved areas in this section of the conference report. Definition of underserved areas: The House provision defined underserved areas as those which over the last 10 years have received a substantially lower than average FmHA assistance than other counties and communities in the state and have 20% or more of their population at or below poverty level and 10% or more in substandard housing. The Senate bill defined eligible counties as those where between 1986-1988, the number of FmHA assisted units for families below 80% of median is less than the % assisted in the state and those where there is a high combined number of rural households below 50% of median as compared to the county and number of substandard housing compared to the county. The conference report contains the House provision with an amendment to consider the previous 5 years funding rather than 10 years in order to reflect more accurately the level of assistance now being provided in each area. Preference: The House provision established preferences for counties within the lower Mississippi delta. The conference report contains the House provision with an amendment to replace the preference as stated with language that gives preference to projects in designated underserved counties that have a poverty rate of 28% or greater and a substandard housing rate of 13% or greater. The conferees intend that FmHA will redesignate these counties as of the 1990 Census. To ensure the greatest possible benefit to all eligible counties, the conferees expect that FmHA will designate these underserved areas on a rotating funding basis so that all eligible counties have an opportunity to utilize this program before any designated county is funded for a second time. Funding set aside for targeted underserved areas: The House provision required the Secretary to set aside and reserve 3.5% of the aggregate amount of rural housing lending authority in FY 1991 and 5% in FY 1992 for such designated areas. The Senate bill would establish set-asides for targeted areas as: $25 million for Section 515, $40 million for Section 502 and $1 million each for Section 504 loans and grants in FYs 1991, 1992, 1993. The conference report contains the House provision with an amendment to eliminate the set-aside for the Lower Mississippi Delta and to include colonias as an eligible area. Colonias: The House amendment included a provision that was not included in the Senate bill that would give priority within a state's allocation for applications serving colonias in the four border states. Colonias would receive priority for all FmHA Title V funds, without limitation to a state's allocation. The conferees consolidated a version of this provision into the Underserved Area program. California, New Mexico, Arizona, and Texas would each be required to give priority on 5% of their state's allocation for approvable applications serving colonias if the state has not used its entire allocation during the previous two fiscal years. Those border states that have used their entire state allocation of FmHA funding during the two previous fiscal years would be eligible to participate in the Underserved Areas program for purposes of assisting colonias. This funding would be in addition to any designated counties in the state. In fact, approvable applications serving colonias would receive a priority up to the amount equal to 5% of the state's allocation from which the application was submitted. Reallocation: The House provision provided that the preference for the Lower Mississippi Delta terminate on August 1 of the fiscal year and the unused funds be available to all underserved areas. Any assistance reallocated on August 1 that is unused on September 1 of a fiscal year shall be reallocated under the laws and regulations of the applicable FmHA programs, notwithstanding this provision. The Senate bill made the unused amounts subject to pooling procedures established by the Secretary. The conference report contains the House provision with an amendment to delete references to the Lower Mississippi Delta region, include reallocations for the colonias, and give the Secretary the authority to design a reallocation procedure rather than specifying dates in legislative language. The committee's intent is to insure that eligible applicants will have a reasonable opportunity to take full advantage of the reallocated funds while giving all applicants ample time to participate prior to reallocation. Preproject planning assistance: The House provision authorized the Secretary to provide advances to nonprofit organizations and public entities for 80% of the customary costs of preparing and submitting housing applications. The Senate bill provided project preparation grants rather than repayable advances. The House provision required that repayments be made from loan proceeds but could be deferred or waived or could be forgiven. The Senate bill required the Secretary to adjust loan amount to reflect the grant. The House amendment contained a provision not included in the Senate bill that required the Secretary to establish guidelines for the application which would be required to include a budget and documentation that funds required for the project but not to be provided by the Secretary would be available. The House amendment contained a provision requiring the Secretary to approve, or provide a written decision, regarding loans within 60 days of receipt of the applications. The House provision required that preferences be given to applications made with advances or to residents of underserved areas. It would establish applicant eligibility for public and private nonprofit organizations. The conference report contains the Senate provision with an amendment to add the requirement that the Secretary establish guidelines for the application, including applicant eligibility, and to provide decisions within 60 days of application. Rural Housing Inventory: The House amendment contained a provision not included in the Senate bill that provided authority to transfer Section 502 inventory property as rental projects under Section 514. The conference report contains the House provision. Appeal rights: The Senate bill contained a provision not included in the House amendment that prohibited the Secretary from excluding from the requirements for written notice and appeal decisions that are not based on objective standards contained in published regulations. The conference report contains the Senate provision. Section 515 loans Equity take out loan cap: The House amendment contained a provision not included in the Senate bill that required that equity takeout loans be limited by the appraised value of the property, not the original mortgage amount for post 12/15/89 loans. The conference report contains the House provision. Applicability of equity takeout loan account assessment to low income tenants: The House amendment contained a provision that exempted from the annual assessment for reserve account purposes, units which are occupied by low income tenants or those paying in excess of 30% of their income. The Senate bill contained a provision that required new moderate and assisted low income tenants to pay basic rent plus yearly $2.00 assessments. New unassisted but eligible low income tenants would pay only the basic rent plus $2.00. The conference report contains the House provision. Effective date of HUD Reform for equity take out loans: The House amendment contained a provision not included in the Senate bill that changed the effective date of HUD Reform equity takeout provisions from 180 days after enactment to 12/15/89. The conference report contains the House provision. This provision contains technical amendments to the Department of Housing and Urban Development Reform Act of 1989 related to the prohibition of prepayment of new FmHA Section 515 rural rental housing loans and the authority provided the Secretary to guarantee supplemental equity takeout loans after the 20th anniversary of a project. It was the intent of the 1989 Act and is the intent of this Act that the Secretary is expected to approve and guarantee the equity takeout loans once the conditions and determinations required by the 1989 Act are satisfied. The requirements are similar to and consistent with the prepayment provisions of the Housing and Community Development Act of 1987 which, in the Committee's view, have worked very well. The FmHA borrower should expect the timely processing and approval of guaranteed equity takeout loans after the specified requirements of the legislation have been met. Reuse of Section 515 loan authority: The Senate bill contained a provision not included in the House amendment that provided that amounts appropriated for Section 515 shall remain available until expended. The conference report contains the Senate provision. Section 515 loan assumption: The House amendment contained a provision not included in the Senate provision that permitted assumption or transfer of Section 515 loan obligations. The conference report contains the House provision. The House amendment contained a provision that allowed transfer of Section 515 loan obligation authority without regard to fiscal year limitations. The Senate bill contained a similar provision making funds eligible until expended. The conference report contains the Senate provision amended to blend with the House provision regarding the assumption or transfer of Section 515 loan obligations. Nonprofit set-aside: The Senate bill contained a provision not included in the House amendment that authorized the Secretary to set aside 7% in FY 1991, 8% in FY 1992, and 10% in FY 1993 of funds for Section 515 projects for nonprofits sponsors. Any unused funds would be subject to pooling. The conference report contains the Senate provision with an amendment which reserves 7% in FY 1991 and 9% in FY 1992 of Section 515 funds for nonprofit sponsors. Nonprofit sponsors are those organizations which are exempt from federal taxes under section 501(c)(3) and section 501(c)(4) of the Internal Revenue Code and whose principle purposes include the planning, development, and management of low income housing. Such sponsors include private, nonprofit organizations as well as consumer cooperatives and Indian tribes. The committee amended the Senate provision by establishing that only organizations that are wholly owned and operated by a nonprofit group may participate. It is the committee's intent to avoid any opportunity for other eligible organizations under 515 to abuse the set aside by creating nonprofit sponsors of their own with which to co-venture. The conference report also establishes a method for the administration of the set aside. The greater of the percentage to be set aside or $750,000 will be available in each state. For those states in which the percentage to be set aside is less than $750,000, that amount will be pooled at the national office. Nonprofits from states affected will compete for these funds. All set aside funds unobligated first must be made available to all eligible applicants within a state and then returned to the national pool. The committee's intent is to insure that eligible applicants will have a reasonable opportunity to take full advantage of the reallocated funds while giving all applicants ample time to participate prior to reallocation. The conferees recognize that many nonprofit organizations have the capability to plan, develop, and manage rural rental housing projects. However, the conferees understand that because of the extensive backlog of eligible applications, there is routinely a two to three year waiting period before receiving assistance. During this period a sponsor must pay for technical and legal fees, as well as servicing cost related to the building site for the project. Few nonprofit organizations have the financial capability to absorb these costs for such an extended period of time. As the demand for rural rental housing loans has increased in recent years, nonprofit participation has declined. The set aside will establish a minimum level of participation for nonprofits. It will make it possible for those with minimal resources, but with the ability to plan and carry out an eligible project, to receive assistance. The conferees note that the 1987 Housing Act provided FmHA with authority to provide packaging fees for nonprofit organizations preparing rural rental housing applications and expect FmHA to work to coordinate such packaging assistance with the set aside. Housing for rural homeless and migrant farmworker program: The House amendment contained a provision not included in the Senate bill that targeted assistance to rural homeless and migrant farmworkers by providing financial assistance for affordable rental housing and related facilities for migrant farmworkers and homeless individuals (and the families of such individuals). The House provision authorizes $10,000,000 for Fiscal Year 1991 for this program. The conference report contains the House provision with an amendment that only permits housing the homeless who are not migrants on an emergency and temporary basis, in the off-season and requires FmHA to complete a study regarding the extent of the problem of homelessness in rural areas with recommendations for future legislation and programs. This amends Section 516 of the Housing Act of 1949 with a separate appropriation. This provision is in response to two different, but complementary, concerns. First, under current law, the Secretary may provide a grant of up to 90% of the costs of developing housing for farm workers. The remainder of the funds is to be provided through private credit. The conferees have learned that, in reality, the split between grant and loan amount for most projects has been 60% grant and 40% loan. This has worked satisfactorily for farmworkers who occupy the housing for 10-12 months because such projects bring in adequate rental income to make the units viable. However, this program has not been effective in creating affordable housing opportunities for seasonal workers who may only occupy the units for 2-4 months each year. Such housing is not available under existing programs because the debt burden on such properties require nearly year-round occupancy. Second, the conferees recognize the increasing problem of homeless individuals and families in rural areas, a problem which is not satisfactorily addressed by McKinney Act assistance. In responding to this urgent need, the conference committee expects that the housing built for seasonal workers under this provision will be made available as shelter on a temporary emergency basis. Rural area classification: The House amendment contained a provision not included in the Senate bill that redefined rural and rural areas to mean any open country or place, town, village or city which is not (except in the case of Pajaro, California and Guadalupe, Arizona) part of or associated with an urban area and which has: (1) a population not in excess of 10,000 if it is rural in character; or (2) a population in excess of 10,000 but not in excess of 25,000, but must also be rural in character, not contained within a standard metropolitan statistical area; and has a serious lack of mortgage credit for lower and moderate income households as determined by FmHA and HUD. The conference report contains the House provision with an amendment to grandfather all presently eligible communities under 20,000 which as a result of the 1990 census do not exceed 25,000 in population, are rural in character, and have a serious lack of mortgage credit. Use of rental overage: The Senate bill contained a provision not included in the House amendment that permitted rent overages to be used as supplemental rental assistance for very low and low income families not receiving rental assistance. Subject to appropriations, the conference report contains the Senate provision. However, the conferees do not intend that the incremental appropriations for rental assistance should be reduced to reflect these rental overages made available to owners. Housing preservation grants: The Senate bill contained a provision not included in the House amendment that permitted the Secretary to retain and reobligate grants obligated but not expended in any fiscal year. The conference report contains the Senate provision. Reciprocity in approval of housing subdivisions among federal agencies: The House amendment contained a provision not included in the Senate bill that extended for 6 months the required HUD acceptance of VA certificate of reasonable value as approval of an entire subdivision. The conference report contains the House provision with a technical amendment relating to a gap in applicability. Technical amendments: The House amendment contained two technical amendments not included in the Senate bill. The first defined "assistance" in accountability provisions. It limited "assistance" to grants, loans, etc., for original development costs, not subsequent loans. It excluded equity takeout loans from accountability provisions of HUD reform act. The second technical amendment that the House amendment contained established a prepayment prohibition. It amended prepayment prohibition before 50 years to apply only to new Section 515 loans not subsequent loans. The conference report contains the House provisions.