US (United States) Code. Title 42. Chapter 44: Department of Housing and Urban Development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-MISC1-

Sec.

3531. Congressional declaration of purpose.

3532. Establishment of Department.

(a) Designation; appointment and supervision of

Secretary.

(b) General duties of Secretary.

(c) Denial or limitation of benefits of

departmental programs, functions, or

activities on basis of population or corporate

status of community.

(d) Coordination of housing and urban development

programs in enterprise zones.

3533. Officers of Department.

(a) Deputy Secretary, Assistant Secretaries, and

General Counsel.

(b) Federal Housing Commissioner.

(c) Director of Urban Program Coordination;

designation; powers and duties; studies of

urban and community problems and

recommendations for administration of Federal

programs affecting such problems.

(d) Assistant to Secretary; designation; duty to

provide information and advice to nonprofit

project sponsors.

(e) Special Assistant for Indian and Alaska Native

Programs; report to Congress.

(f) Federal Housing Administration Comptroller.

3533a. Transferred.

3534. Transfer of functions.

(a) Housing and Home Finance Agency, Federal

Housing Administration, and Public Housing

Administration.

(b) Government National Mortgage Association.

(c) Studies of organization of housing and urban

development functions and programs and

recommendations regarding transfer of such

functions and programs to or from Department.

(d) Prohibition of merger of Office.

3535. Administrative provisions.

(a) Transfer of personnel, assets, etc.

(b) Repealed.

(c) Employment, compensation, authority, and duties

of personnel.

(d) Delegation of authority; rules and regulations.

(e) Temporary employment of experts or consultants;

compensation.

(f) Working capital fund; establishment; uses;

appropriations; capitalization; reimbursement.

(g) Seal.

(h) Financial transactions, finality; checking

accounts for funds in Treasury; availability

of funds for administrative expenses;

consolidation of cash for banking and checking

purposes.

(i) Foreclosure of property; actions for protection

and enforcement of rights; purchase of

property; dealing with property after such

acquisition; deprivation of State court civil

and criminal jurisdiction; impairment of civil

rights under State laws; application of

section 5 of title 41; annual payments in lieu

of local property taxes; sale and exchanges of

property; insurance; modification of interest,

time for installment payment, and other terms;

other covenants, conditions, and provisions.

(j) Fees and charges.

(k) Gifts and services, acceptance; taxable status

of property; investments; disbursements.

(l) Consultants; appointment of advisory

committees; compensation and travel expenses.

(m) Occupancy preference in rental housing for

military personnel.

(n) Day care center for children of employees of

Department; establishment; fees and charges.

(o) Agenda of rules or regulations under

development or review; transmittal to

Congress.

(p) Cost-benefit analysis of field reorganizations;

requirements, contents, etc.

(q) Waiver of regulations.

(r) Program evaluation and monitoring.

(s) Authorization of appropriations; allocations

for staff and training.

3536. Annual reports.

3537. Separability.

3537a. Prohibition of advance disclosure of funding

decisions.

(a) Prohibited actions.

(b) Administrative remedies.

(c) Civil money penalties.

(d) Criminal penalties.

(e) Definitions.

(f) Regulations.

(g) Applicability.

3537b. Repealed.

3537c. Prohibition of lump-sum payments.

3538. Rescheduling and refinancing of Federal loans.

3539. Housing and Urban Development Disaster Assistance

Fund.

3540. Repealed.

3541. Paperwork reduction.

(a) Declaration of policy.

(b) Uniform legal and other forms for use by

agencies in housing programs.

(c) Coordination and reports by Director of Office

of Management and Budget.

3542. Public notice and comment regarding demonstration

programs not expressly authorized in law.

3543. Preventing fraud and abuse in Department of Housing

and Urban Development programs.

(a) Disclosure of social security account number.

(b) Definitions.

3544. Preventing fraud and abuse in housing and urban

development programs.

(a) Definitions.

(b) Applicant and participant consent.

(c) Access to records.

(d) Effective date.

(e) Conditions of release of information by third

parties.

3545. HUD accountability.

(a) Notice regarding assistance.

(b) Disclosures by applicants.

(c) Updating of disclosure.

(d) Limitation of assistance.

(e) Administrative remedies.

(f) Civil money penalties.

(g) Agency procedures.

(h) Judicial review of agency determination.

(i) Action to collect penalty.

(j) Settlement by Secretary.

(k) Regulations.

(l) Deposit of penalties.

(m) Definitions.

(n) Effective date.

3546. Use of domestic products.

(a) Prohibition against fraudulent use of "Made in

America" labels.

(b) Report.

(c) "Domestic product" defined.

3547. Special projects.

3548. Semiannual report on contracts and task orders.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 section 1701d-4.

-End-

-CITE-

42 USC Sec. 3531 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3531. Congressional declaration of purpose

-STATUTE-

The Congress hereby declares that the general welfare and

security of the Nation and the health and living standards of our

people require, as a matter of national purpose, sound development

of the Nation's communities and metropolitan areas in which the

vast majority of its people live and work.

To carry out such purpose, and in recognition of the increasing

importance of housing and urban development in our national life,

the Congress finds that establishment of an executive department is

desirable to achieve the best administration of the principal

programs of the Federal Government which provide assistance for

housing and for the development of the Nation's communities; to

assist the President in achieving maximum coordination of the

various Federal activities which have a major effect upon urban

community, suburban, or metropolitan development; to encourage the

solution of problems of housing, urban development, and mass

transportation through State, county, town, village, or other local

and private action, including promotion of interstate, regional,

and metropolitan cooperation; to encourage the maximum

contributions that may be made by vigorous private homebuilding and

mortgage lending industries to housing, urban development, and the

national economy; and to provide for full and appropriate

consideration, at the national level, of the needs and interests of

the Nation's communities and of the people who live and work in

them.

-SOURCE-

(Pub. L. 89-174, Sec. 2, Sept. 9, 1965, 79 Stat. 667.)

-COD-

CODIFICATION

Section was formerly classified to section 624 of former Title 5,

Executive Departments and Government Officers and Employees, prior

to the general revision and enactment of Title 5, Government

Organization and Employee by Pub. L. 89-554, Sec. 1, Sept. 1, 1966,

80 Stat. 378.

-MISC1-

EFFECTIVE DATE: INTERIM APPOINTMENTS

Section 11 of Pub. L. 89-174 provided that:

"(a) The provisions of this Act [enacting this chapter and

amending sections 1 and 2211 of former Title 5, Executive

Departments and Government Officers and Employees, section 19(d)(1)

of Title 3, the President, section 1723 of Title 12, Banks and

Banking and section 1451(c) of this title] shall take effect upon

the expiration of the first period of sixty calendar days following

the date on which this Act is approved by the President [Sept. 9,

1965], or on such earlier date as the President shall specify by

Executive order published in the Federal Register, except that any

of the officers provided for in sections 3(a), 4(a), and 4(b) of

this Act [sections 3532(a), 3533(a), and 3533(b) of this title] may

be nominated and appointed, as provided in such sections, at any

time after the date this Act is approved by the President [Sept. 9,

1965].

"(b) In the event that one or more officers required by this Act,

to be appointed, by and with the advice and consent of the Senate,

shall not have entered upon office on the effective date of this

Act, the President may designate any person who was an officer of

the Housing and Home Finance Agency immediately prior to said

effective date to act in such office until the office is filled as

provided in this Act or until the expiration of the first period of

sixty days following said effective date, whichever shall first

occur. While so acting such persons shall receive compensation at

the rates provided by this Act for the respective offices in which

they act."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-235, Sec. 1(a), Dec. 15, 1989, 103 Stat. 1987,

provided that: "This Act [see Tables for classification] may be

cited as the 'Department of Housing and Urban Development Reform

Act of 1989'."

SHORT TITLE

Section 1 of Pub. L. 89-174 provided: "That this Act [enacting

this chapter, amending section 1451 of this title, sections 1 and

2211 of former Title 5, Executive Departments and Government

Officers and Employees (see sections 101 and 5312 of Title 5,

Government Organization and Employees), section 19 of Title 3, The

President, and section 1723 of Title 12, Banks and Banking] may be

cited as the 'Department of Housing and Urban Development Act'."

SAVINGS PROVISION: ABATEMENT OF ACTIONS; CONTINUATION OF RULES,

REGULATIONS, ETC.; REFERENCES IN OTHER LAWS TO HOUSING AND HOME

FINANCE AGENCY; LAPSE OF AGENCIES

Section 9 of Pub. L. 89-174 provided that:

"(a) No cause of action by or against any agency whose functions

are transferred by this Act [see Short Title note above and section

3534 of this title], or by or against any officer of any agency in

his official capacity, shall abate by reason of this enactment.

Such causes of action may be asserted by or against the United

States or such official of the Department as may be appropriate.

"(b) No suit, action, or other proceeding commenced by or against

any agency whose functions are transferred by this Act [see Short

Title note above and section 3534 of this title], or by or against

any officer of any such agency in his official capacity, shall

abate by reason of the enactment of this Act. A court may at any

time during the pendency of the litigation, on its own motion or

that of any party, order that the same may be maintained by or

against the United States or such official of the Department as may

be appropriate.

"(c) Except as may be otherwise expressly provided in this Act

[see Short Title note above], all powers and authorities conferred

by this Act shall be cumulative and additional to and not in

derogation of any powers and authorities otherwise existing. All

rules, regulations, orders, authorizations, delegations, or other

actions duly issued, made, or taken by or pursuant to applicable

law, prior to the effective date of this Act [see Effective Date

note above] by any agency, officer, or office pertaining to any

functions, powers, and duties transferred by this Act shall

continue in full force and effect after the effective date of this

Act until modified or rescinded by the Secretary or such other

officer or office of the Department as, in accordance with

applicable law, may be appropriate. With respect to any function,

power, or duty transferred by or under this Act and exercised

hereafter, reference in another Federal law to the Housing and Home

Finance Agency or to any officer, office, or agency therein, except

the Federal National Mortgage Association and its officers, shall

be deemed to mean the Secretary. The positions and agencies

heretofore established by law in connection with the functions,

powers, and duties transferred under section 5(a) of this Act

[section 3534(a) of this title] shall lapse."

-EXEC-

EXECUTIVE ORDER NO. 11452

Ex. Ord. No. 11452, Jan. 23, 1969, 34 F.R. 1223, as amended,

which established the Council for Urban Affairs to advise the

President with respect to urban affairs, was revoked by Ex. Ord.

No. 12553, Feb. 25, 1986, 51 F.R. 7237. The Council was terminated

and its functions transferred to the Domestic Council by section

2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as

a note under section 501 of Title 31, Money and Finance.

EX. ORD. NO. 11668. NATIONAL CENTER FOR HOUSING MANAGEMENT

Ex. Ord. No. 11668, Apr. 21, 1972, 37 F.R. 8057, provided:

By virtue of the authority vested in me as President of the

United States and in accordance with the provisions of the

Department of Housing and Urban Development Act, as amended (42

U.S.C. 3531 et seq.), title VIII of the Housing Act of 1964, as

amended (20 U.S.C. 801 et seq.), and title V of the Housing and

Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), it is

ordered as follows:

Section 1. Policy. The Nation's housing stock represents an

important national resource which must be preserved and well

managed if public and private investments are to be protected, and

if we are to meet our goal of providing a decent home and suitable

living environment for low and moderate income residents. The

production of Federally-assisted housing has greatly expanded in

recent years, creating a need for a balanced strategy to ensure

that such housing remains viable for the purposes intended.

This expansion also creates a need for a growing supply of new

management manpower for the years ahead. Special skills must be

developed among these managers so that they can effectively

overcome the social and economic problems facing many residents of

Federally-assisted housing, including the elderly. Training, the

improvement of career opportunities, and the upgrading of industry

standards are all essential to the improvement of the Nation's

housing management capability, particularly for low and moderate

income housing.

Sec. 2. Establishment of a National Center for Housing

Management. (a) The Secretary of Housing and Urban Development is

directed to call upon public-spirited citizens, dedicated and

experienced in the appropriate disciplines, to create, in

accordance with existing laws, a new, non-governmental,

not-for-profit institution to serve as a National Center for

Housing Management (referred to herein as the Center).

(b) The Center should be designed to provide objective and

independent leadership at the national level in helping meet the

Nation's housing management and training needs and should work

cooperatively with the Department of Housing and Urban Development

and with the public and private organizations and institutions

involved in, or affected by, its activities.

Sec. 3. Activities of the Center. The activities of the Center

should be developed along lines that include the following

objectives:

(1) Development of training and educational programs for housing

management and personnel:

(2) Cooperation with public and private national, State, and

local organizations and institutions in extending housing

management training and educational opportunities, using to the

fullest extent possible the services and facilities of existing

agencies with expertise in training and education.

(3) Cooperation with national, State, and local organizations and

institutions in establishing or expanding recruitment and placement

systems that will link training in housing management to job

opportunities in that field.

(4) Development of improved housing management practices and

assistance in professionalizing the housing management industry;

and

(5) Stimulating the creation of new management entities, and

strengthening the effectiveness of existing management entities.

Sec. 4. Assistance by Federal Agencies. To the extent consistent

with law, all other Federal executive departments and agencies

shall cooperate and work with the Department of Housing and Urban

Development and the Center in providing appropriate advice and

financial support so as to ensure that the above described

objectives are carried out with the most effective and efficient

use of Federal, State and local resources, both public and private.

Richard Nixon.

-End-

-CITE-

42 USC Sec. 3532 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3532. Establishment of Department

-STATUTE-

(a) Designation; appointment and supervision of Secretary

There is hereby established at the seat of government an

executive department to be known as the Department of Housing and

Urban Development (hereinafter referred to as the "Department").

There shall be at the head of the Department a Secretary of Housing

and Urban Development (hereinafter referred to as the "Secretary"),

who shall be appointed by the President by and with the advice and

consent of the Senate. The Department shall be administered under

the supervision and direction of the Secretary.

(b) General duties of Secretary

The Secretary shall, among his responsibilities, advise the

President with respect to Federal programs and activities relating

to housing and urban development; develop and recommend to the

President policies for fostering the orderly growth and development

of the Nation's urban areas; exercise leadership at the direction

of the President in coordinating Federal activities affecting

housing and urban development; provide technical assistance and

information, including a clearinghouse service to aid State,

county, town, village, or other local governments in developing

solutions to community and metropolitan development problems;

consult and cooperate with State Governors and State agencies,

including, when appropriate, holding informal public hearings, with

respect to Federal and State programs for assisting communities in

developing solutions to community and metropolitan development

problems and for encouraging effective regional cooperation in the

planning and conduct of community and metropolitan development

programs and projects; encourage comprehensive planning by the

State aud (!1) local governments with a view to coordinating

Federal, State, and local urban and community development

activities; encourage private enterprise to serve as large a part

of the Nation's total housing and urban development needs as it can

and develop the fullest cooperation with private enterprise in

achieving the objectives of the Department; and conduct continuing

comprehensive studies, and make available findings, with respect to

the problems of housing and urban development.

(c) Denial or limitation of benefits of departmental programs,

functions, or activities on basis of population or corporate

status of community

Nothing in this chapter shall be construed to deny or limit the

benefits of any program, function, or activity assigned to the

Department by this chapter or any other Act to any community on the

basis of its population or corporate status, except as may be

expressly provided by law.

(d) Coordination of housing and urban development programs in

enterprise zones

The Secretary shall -

(1) promote the coordination of all programs under the

jurisdiction of the Secretary that are carried on within an

enterprise zone designated pursuant to section 11501 of this

title;

(2) expedite, to the greatest extent possible, the

consideration of applications for programs referred to in

paragraph (1) through the consolidation of forms or otherwise;

and

(3) provide, whenever possible, for the consolidation of

periodic reports required under programs referred to in paragraph

(1) into one summary report submitted at such intervals as may be

designated by the Secretary.

-SOURCE-

(Pub. L. 89-174, Sec. 3, Sept. 9, 1965, 79 Stat. 667; Pub. L.

90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 100-242,

title VII, Sec. 705, Feb. 5, 1988, 101 Stat. 1963.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 667, as

amended, known as the Department of Housing and Urban Development

Act, which enacted this chapter, amended section 1451 of this

title, sections 1 and 2211 of former Title 5, Executive Departments

and Government Officers and Employees, section 19 of Title 3, The

President, and section 1723 of Title 12, Banks and Banking, and

enacted provisions set out as notes under section 3531 of this

title. Section 1 of former Title 5 was repealed and reenacted as

section 101 of Title 5, Government Organization and Employees, and

section 2211 of former Title 5 was repealed and reenacted as

sections 5312 to 5317 of Title 5 by Pub. L. 89-554, Sept. 6, 1966,

80 Stat. 378. For complete classification of this Act to the Code,

see Short Title note set out under section 3531 of this title and

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 624a of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employee by Pub. L. 89-554, Sec. 1, Sept. 1, 1966,

80 Stat. 378.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-242 added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-83 struck out provision for

compensation of Secretary.

EFFECTIVE DATE; INTERIM APPOINTMENTS

Nomination and appointment of Secretary of Housing and Urban

Development any time after Sept. 9, 1965, and interim designation

and compensation of officer of Housing and Home Finance Agency for

that office upon nonentry upon the office upon expiration of first

period of sixty calendar days following Sept. 9, 1965, or on

earlier date specified by Executive order, see section 11 of Pub.

L. 89-174, set out as a note under section 3531 of this title.

ORDER OF SUCCESSION

For order of succession during any period when both Secretary and

Deputy Secretary of Housing and Urban Development are unable to

perform functions and duties of office of Secretary, see Ex. Ord.

No. 13243, Dec. 18, 2001, 66 F.R. 66262, set out as a note under

section 3345 of Title 5, Government Organization and Employees.

OFFICE OF LEAD BASED PAINT ABATEMENT AND POISONING PREVENTION

Pub. L. 102-389, title II, Oct. 6, 1992, 106 Stat. 1593, provided

in part that: "Notwithstanding any other provision of this or any

other Act with respect to any fiscal year, the Office of Lead-Based

Paint Abatement and Poisoning Prevention shall be contained within

the Office of the Secretary, and said Office shall have ultimate

responsibility within the Department of Housing and Urban

Development, except for the Secretary, for all matters related to

the abatement of lead in housing, and research related to lead

abatement, consistent with the responsibilities outlined for the

Office in Senate Report 102-107."

Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 753, provided

in part: "That there shall be established, in the Office of the

Secretary, an Office of Lead Based Paint Abatement and Poisoning

Prevention to be headed by a career Senior Executive Service

employee who shall be responsible for all lead-based paint

abatement and poisoning prevention activities (including, but not

limited to, research, abatement, training regulations and policy

development): Provided further, That such office shall be allocated

a staffing level of twenty staff years."

CONDOMINIUM AND COOPERATIVE STUDY AND REPORT; SUBMISSION TO

CONGRESS

Pub. L. 93-383, title VII, Sec. 821, Aug. 22, 1974, 88 Stat. 740,

authorized the Secretary of Housing and Urban Development to

conduct a full and complete investigation and study, and report to

Congress not later than one year after Aug. 22, 1974, with respect

to condominiums and cooperatives, and the problems, difficulties,

and abuses or potential abuses applicable to condominium and

cooperative housing.

-EXEC-

EX. ORD. NO. 11297. COORDINATION OF FEDERAL URBAN PROGRAM

Ex. Ord. No. 11297, Aug. 11, 1966, 31 F.R. 10765, provided:

WHEREAS our Nation has become predominantly urban in character

and is confronted by serious problems arising from inherited urban

decay and rapid urban growth; and

WHEREAS the living standards and general welfare of its people

depend upon the solution of the problems of urban life; and

WHEREAS the Congress has provided in the Department of Housing

and Urban Development Act [see Short Title note under section 3531

of this title] that the Secretary of Housing and Urban Development

(hereinafter referred to as the Secretary) shall "advise the

President with respect to Federal programs and activities relating

to housing and urban development; develop and recommend to the

President policies for fostering the orderly growth and development

of the Nation's urban areas; and exercise leadership at the

direction of the President in coordinating Federal activities

affecting housing and urban development"; and

WHEREAS such activities are closely interrelated with other

important Federal activities affecting urban areas so that there is

a need for maximum consultation and cooperation among Federal

departments and agencies in their administration of programs having

impact on urban areas; and

WHEREAS such consultation and cooperation are also essential to

enable the Secretary to carry out his responsibilities under that

Act to "provide technical assistance and information, including a

clearinghouse service to aid State, county, town, village, or other

local governments in developing solutions to community and

metropolitan development problems; consult and cooperate with State

Governors and State agencies . . . with respect to Federal and

State programs for assisting communities in developing solutions to

community and metropolitan development problems and for encouraging

effective regional cooperation in the planning and conduct of

community and metropolitan development programs and projects".

NOW, THEREFORE, by virtue of the authority vested in me as

President of the United States by the Constitution and laws of the

United States, it is ordered as follows:

Section 1. Functions of the Secretary of Housing and Urban

Development. (a) To assist the Secretary in carrying out his

responsibilities pursuant to the Department of Housing and Urban

Development Act, he shall convene, or authorize his representatives

to convene, meetings at appropriate times and places of the heads,

or representatives designated by them, of such Federal departments

and agencies with programs affecting urban areas as he deems

necessary or desirable for the following purposes:

(1) To provide a forum for consideration of mutual problems

concerning Federal programs and activities affecting the

development of urban areas and for the exchange of current

information needed to achieve coordination of, and to avoid

duplication in, such programs and activities.

(2) To promote cooperations among Federal departments and

agencies in achieving consistent policies, practices, and

procedures for administration of their programs affecting urban

areas.

(3) To consult with and obtain the advice of the Federal

departments and agencies with respect to:

(A) consultation and cooperation with State Governors and State

and local agencies concerning Federal and State programs for

assisting communities;

(B) provision of technical information, a clearinghouse service,

and other assistance to State and local governments in solving

community and metropolitan development problems; and

(C) encouragement of comprehensive planning of, and effective

regional cooperation in, local urban, community, and metropolitan

development activities.

(4) To identify urban development problems of particular States,

metropolitan areas, or communities which require interagency or

intergovernmental coordination.

(b) The Secretary shall make arrangements with such Federal

departments and agencies for working groups to consider special

problems arising with respect to matters described in subsection

(a) of this section.

Section 2. Agency responsibilities. The heads of Federal

departments and agencies have programs which have an impact on

urban areas, or representatives designated by them, shall

participate in meetings convened pursuant to this Order and, to the

extent permitted by law and funds available, shall furnish

information, at the request of the Secretary, pertaining to

programs within the responsibilities of such departments or

agencies, and such additional information as will assist the

Secretary in providing a clearinghouse service to aid State and

local governments in developing solutions to community and

metropolitan development problems.

Section 3. Construction. Nothing in this Order shall be construed

as subjecting any function vested by law in, or assigned pursuant

to law to, any Federal department or agency or head thereof to the

authority of any other agency or officer or as abrogating or

restricting any such function in any manner.

Section 4. Administrative arrangements. (a) Each executive

department and agency participating under section 1 or section 2

shall furnish necessary assistance for effectuating the provisions

of this Order as authorized by section 214 of the Act of May 3,

1945, 59 Stat. 134 (31 U.S.C. 691) [31 U.S.C. 1346(b)].

(b) The Department of Housing and Urban Development shall provide

necessary administrative services pursuant to this Order.

Lyndon B. Johnson.

-FOOTNOTE-

(!1) So in original. Probably should be "and".

-End-

-CITE-

42 USC Sec. 3533 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3533. Officers of Department

-STATUTE-

(a) Deputy Secretary, Assistant Secretaries, and General Counsel

There shall be in the Department a Deputy Secretary, eight

Assistant Secretaries, and a General Counsel, who shall be

appointed by the President by and with the advice and consent of

the Senate, and who shall perform such functions, powers, and

duties as the Secretary shall prescribe from time to time.

(b) Federal Housing Commissioner

There shall be in the Department a Federal Housing Commissioner,

who shall be one of the Assistant Secretaries, who shall head a

Federal Housing Administration within the Department, who shall

have such duties and powers as may be prescribed by the Secretary,

and who shall administer, under the supervision and direction of

the Secretary, departmental programs relating to the private

mortgage market. The Secretary shall ensure, to the extent

practicable, that managers of Federal Housing Administration

programs, at each level of the Department, shall be accountable for

program operation, risk management, management of cash and other

Federal assets, and program financing related to activities over

which such managers have responsibility.

(c) Director of Urban Program Coordination; designation; powers and

duties; studies of urban and community problems and

recommendations for administration of Federal programs affecting

such problems

There shall be in the Department a Director of Urban Program

Coordination, who shall be designated by the Secretary. He shall

assist the Secretary in carrying out his responsibilities to the

President with respect to achieving maximum coordination of the

programs of the various departments and agencies of the Government

which have a major impact on community development. In providing

such assistance, the Director shall make such studies of urban and

community problems as the Secretary shall request, and shall

develop recommendations relating to the administration of Federal

programs affecting such problems, particularly with respect to

achieving effective cooperation among the Federal, State, and local

agencies concerned. Subject to the direction of the Secretary, the

Director shall, in carrying out his responsibilities, (1) establish

and maintain close liaison with the Federal departments and

agencies concerned and (2) consult with State, local, and regional

officials, and consider their recommendations with respect to such

programs.

(d) Assistant to Secretary; designation; duty to provide

information and advice to nonprofit project sponsors

There shall be in the Department an Assistant to the Secretary,

designated by the Secretary, who shall be responsible for providing

information and advice to nonprofit organizations desiring to

sponsor housing projects assisted under programs administered by

the Department.

(e) Special Assistant for Indian and Alaska Native Programs; report

to Congress

(1)(A) There shall be in the Department a Special Assistant for

Indian and Alaska Native Programs, who shall be located in the

Office of the Assistant Secretary for Public and Indian Housing.

The Special Assistant for Indian and Alaska Native Programs shall

be designated by the Secretary not later than 60 days after October

12, 1977.

(B) The Special Assistant for Indian and Alaska Native Programs

shall be appointed based solely on merit and shall be covered under

the provisions of title 5 governing appointments in the competitive

service.

(C) The Special Assistant for Indian and Alaska Native Programs

shall be responsible for -

(i) administering, in coordination with the relevant office in

the Department, the provision of housing assistance to Indian

tribes or Indian housing authorities under each program of the

Department that provides for such assistance;

(ii) administering the community development block grant

program for Indian tribes under title I of the Housing and

Community Development Act of 1974 [42 U.S.C. 5301 et seq.] and

the provision of assistance to Indian tribes under such Act;

(iii) directing, coordinating, and assisting in managing any

regional offices of the Department that administer Indian

programs to the extent of such programs; and

(iv) coordinating all programs of the Department relating to

Indian and Alaska Native housing and community development.

(D) The Secretary shall include in the annual report under

section 3536 of this title a description of the extent of the

housing needs for Indian families and community development needs

of Indian tribes in the United States and the activities of the

Department, and extent of such activities, in meeting such needs.

(2) The Secretary shall, not later than December 1 of each year,

submit to Congress an annual report which shall include -

(A) a description of his actions during the current year and a

projection of his activities during the succeeding years;

(B) estimates of the cost of the projected activities for

succeeding fiscal years;

(C) a statistical report on the conditions of Indian and Alaska

Native housing; and

(D) recommendations for such legislative, administrative, and

other actions, as he deems appropriate.

(f) Federal Housing Administration Comptroller

There shall be in the Department a Federal Housing Administration

Comptroller, designated by the Secretary, who shall be responsible

for overseeing the financial operations of the Federal Housing

Administration.

-SOURCE-

(Pub. L. 89-174, Sec. 4, Sept. 9, 1965, 79 Stat. 668; Pub. L.

90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-284,

title VIII, Sec. 808(b)(1), Apr. 11, 1968, 82 Stat. 84; Pub. L.

90-448, title XVII, Sec. 1708(a), Aug. 1, 1968, 82 Stat. 606; Pub.

L. 91-609, title IX, Sec. 917, Dec. 31, 1970, 84 Stat. 1816; Pub.

L. 93-383, title VIII, Sec. 818(a), Aug. 22, 1974, 88 Stat. 740;

Pub. L. 95-128, title IX, Sec. 901, Oct. 12, 1977, 91 Stat. 1148;

Pub. L. 101-235, title I, Secs. 121, 122, 140, Dec. 15, 1989, 103

Stat. 2021, 2030; Pub. L. 101-509, title V, Sec. 529 [title I, Sec.

112(a)(4)], Nov. 5, 1990, 104 Stat.1427, 1454; Pub. L. 101-576,

title II, Sec. 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L.

102-550, title IX, Sec. 902(a)(1), Oct. 28, 1992, 106 Stat. 3866.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (e)(1)(B), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Housing and Community Development Act of 1974, referred to in

subsec. (e)(1)(C)(ii), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat.

633, as amended. Title I of the Act is classified principally to

chapter 69 (Sec. 5301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5301 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 624b of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employee, by Pub. L. 89-554, Sec. 1, Sept. 1,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1992 - Subsec. (e)(1). Pub. L. 102-550 designated existing

provisions as subpar. (A), substituted "located in the Office of

the Assistant Secretary for Public and Indian Housing" for

"responsible for coordinating all programs of the Department

relating to Indian and Alaska Native housing and community

development", and added subpars. (B) through (D).

1990 - Subsec. (a). Pub. L. 101-509 substituted "a Deputy

Secretary" for "an Under Secretary".

Subsec. (e). Pub. L. 101-576 struck out subsec. (e), added by

section 121 of Pub. L. 101-235, which related to Chief Financial

Officer.

1989 - Subsec. (a). Pub. L. 101-235, Sec. 140(2), designated

second sentence of subsec. (a), relating to appointment, function,

and duties of Federal Housing Commissioner, as (b).

Subsec. (b). Pub. L. 101-235, Sec. 140, designated second

sentence of subsec. (a), relating to appointment, function, and

duties of Federal Housing Commissioner, as subsec. (b) and sentence

at end requiring Secretary to ensure that managers are accountable

for certain aspects of the programs. Former subsec. (b)

redesignated (c).

Subsecs. (c), (d). Pub. L. 101-235, Sec. 140(1), redesignated

subsecs. (b) and (c) as (c) and (d), respectively. Former subsec.

(d) redesignated (e).

Subsec. (e). Pub. L. 101-235, Sec. 140(1), redesignated former

subsec. (d), relating to Special Assistant for Indian and Alaska

Native Programs, as (e).

Pub. L. 101-235, Sec. 121, added subsec. (e) relating to Chief

Financial Officer.

Subsec. (f). Pub. L. 101-235, Sec. 122, added subsec. (f).

1977 - Subsec. (d). Pub. L. 95-128 added subsec. (d).

1974 - Subsec. (a). Pub. L. 93-383, Sec. 818(a)(1), increased

number of Assistant Secretaries from six to eight.

Subsec. (b). Pub. L. 93-383, Sec. 818(a)(2), (3), redesignated

former subsec. (c) as (b). Former subsec. (b), which related to

appointment and functions of an Assistant Secretary for

Administration, was struck out.

Subsecs. (c), (d). Pub. L. 93-383, Sec. 818(a)(3), redesignated

subsec. (d) as (c). Former subsec. (c) redesignated (b).

1970 - Subsec. (d). Pub. L. 91-609 added subsec. (d).

1968 - Subsec. (a). Pub. L. 90-448 increased number of Assistant

Secretaries from five to six.

Pub. L. 90-284 increased number of Assistant Secretaries from

four to five.

1967 - Subsec. (a). Pub. L. 90-83 struck out provision setting

compensation for the Under Secretary, Assistant Secretaries, and

General Counsel.

Subsec. (b). Pub. L. 90-83 struck out provision covering the

compensation to be paid the Assistant Secretary for Administration.

EFFECTIVE DATE OF 1990 AMENDMENT; CONTINUED SERVICE BY INCUMBENTS

Amendment by Pub. L. 101-509 effective on first day of first pay

period that begins on or after Nov. 5, 1990, with continued service

by incumbent Under Secretary of Housing and Urban Development, see

section 529 [title I, Sec. 112(e)(1), (2)(D)] of Pub. L. 101-509,

set out as a note under section 3404 of Title 20, Education.

EFFECTIVE DATE; INTERIM APPOINTMENTS

Nomination and appointment of Under Secretary, Assistant

Secretaries, General Counsel, Federal Housing Commissioner, and

Assistant Secretary for Administration of Department of Housing and

Urban Development any time after Sept. 9, 1965, and interim

designation and compensation of officers of Housing and Home

Finance Agency for those offices upon non-entry upon the offices

upon expiration of first period of sixty calendar days following

Sept. 9, 1965 or on earlier date specified by Executive order, see

section 11 of Pub. L. 89-174, set out as a note under section 3531

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Section 902(a)(2), (3) of Pub. L. 102-550 provided that:

"(2) Transfer of functions. - Not later than the expiration of

the 180-day period beginning on the date of the enactment of this

Act [Oct. 28, 1992], the Secretary of Housing and Urban Development

shall transfer to the Special Assistant for Indian and Alaska

Native Programs any functions and duties described in section

4(e)(1)(B) of the Department of Housing and Urban Development Act

[42 U.S.C. 3533(e)(1)(B)] (as added by paragraph (1) of this

subsection).

"(3) Staff. - Not later than the expiration of the 1-year period

beginning on the date of the enactment of this Act, the Secretary

of Housing and Urban Development shall transfer from offices within

the Department of Housing and Urban Development to the office of

the Special Assistant for Indian and Alaska Native Programs such

staff, having experience and capacity to administer Indian housing

and community development programs, as may be necessary and

appropriate to assist the Special Assistant in carrying out the

responsibilities under section 4(e)(1)(B) of the Department of

Housing and Urban Development Act (as added by paragraph (1) of

this subsection)."

OFFICE OF INSPECTOR GENERAL

Functions, powers, and duties of Office of Inspector General in

Department of Housing and Urban Development transferred to Office

of Inspector General in Department of Housing and Urban

Development, as established by Pub. L. 95-452, Sec. 2, Oct. 12,

1978, 92 Stat. 1101, set out in the Appendix to Title 5, Government

Organization and Employees. See section 9(a)(1)(G) of Pub. L.

95-452, as amended, set out in Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3536 of this title.

-End-

-CITE-

42 USC Sec. 3533a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3533a. Transferred

-MISC1-

Section, Pub. L. 90-448, title XI, Sec. 1105(a), Aug. 1, 1968, 82

Stat. 567; Pub. L. 96-153, title VI, Sec. 603(a), Dec. 21, 1979, 93

Stat. 1138, which established in Federal Emergency Management

Agency position of Federal Insurance Administrator, was transferred

to section 4129 of this title.

-End-

-CITE-

42 USC Sec. 3534 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3534. Transfer of functions

-STATUTE-

(a) Housing and Home Finance Agency, Federal Housing

Administration, and Public Housing Administration

Except as otherwise provided in subsection (b) of this section,

there are hereby transferred to and vested in the Secretary all of

the functions, powers, and duties of the Housing and Home Finance

Agency, of the Federal Housing Administration and the Public

Housing Administration in that Agency, and of the heads and other

officers and offices of said agencies.

(b) Government National Mortgage Association

The Government National Mortgage Association, together with its

functions, powers, and duties, is hereby transferred to the

Department.

(c) Studies of organization of housing and urban development

functions and programs and recommendations regarding transfer of

such functions and programs to or from Department

The President shall undertake studies of the organization of

housing and urban development functions and programs within the

Federal Government, and he shall provide the Congress with the

findings and conclusions of such studies, together with his

recommendations regarding the transfer of such functions and

programs to or from the Department. Notwithstanding any other

provision of this chapter, none of the functions of the Secretary

of the Interior authorized under the Land and Water Conservation

Fund Act of 1965 [16 U.S.C. 460l-4 et seq.] or other functions

carried out by the Bureau of Outdoor Recreation shall be

transferred from the Department of the Interior or in any way be

limited geographically unless specifically provided for by

reorganization plan pursuant to provisions of chapter 9 of title 5,

or by statute.

(d) Prohibition of merger of Office

Notwithstanding any other provision of this chapter, the

Secretary may not merge or consolidate the Office of Federal

Housing Enterprise Oversight of the Department, or any of the

functions or responsibilities of such Office, with any function or

program administered by the Secretary.

-SOURCE-

(Pub. L. 89-174, Sec. 5, Sept. 9, 1965, 79 Stat. 669; Pub. L.

90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-448,

title VIII, Sec. 807(c), Aug. 1, 1968, 82 Stat. 544; Pub. L.

102-550, title XIII, Sec. 1352, Oct. 28, 1992, 106 Stat. 3969.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965, referred to in

subsec. (c), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as

amended, which is classified generally to part B (Sec. 460l-4 et

seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation.

For complete classification of this Act to the Code, see Short

Title note set out under section 460l-4 of Title 16 and Tables.

-COD-

CODIFICATION

In subsec. (c) "chapter 9 of title 5" substituted for "the

Reorganization Act of 1949, as amended," on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 624c of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employees by Pub. L. 89-554, Sec. 1, Sept. 1,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-550 added subsec. (d).

1968 - Subsec. (b). Pub. L. 90-448 substituted "Government

National Mortgage Association" for "Federal National Mortgage

Association", and struck out provisions which allocated the

position of the President of the Federal National Mortgage

Association among the positions referred to in section 3535(c) of

this title.

1967 - Subsec. (b). Pub. L. 90-83 struck out "and the item

numbered (94) of section 303(e) of the Federal Executive Salary Act

of 1964 of this title" after "The next to the last sentence of

section 1723 of title 12" in repealing provision.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-448 effective from and after a date, no

more than 120 days following Aug. 1, 1968, as established by the

Secretary of Housing and Urban Development, see section 808 of Pub.

L. 90-448, set out as an Effective Date note under section 1716b of

Title 12, Banks and Banking.

-TRANS-

TRANSFER OF FUNCTIONS

Pub. L. 89-174, Sec. 9(c), Sept. 9, 1965, 79 Stat. 670, set out

as a note under section 3531 of this title, provides that

references to the Housing and Home Finance Agency or to any agency

or officer therein are to be deemed to mean the Secretary of

Housing and Urban Development, pursuant to the transfer of

functions under this section, and that the Housing and Home Finance

Agency and the Public Housing Administration, a constituent agency

therein, have lapsed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3535 of this title.

-End-

-CITE-

42 USC Sec. 3535 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3535. Administrative provisions

-STATUTE-

(a) Transfer of personnel, assets, etc.

The personnel employed in connection with, and the assets,

liabilities, contracts, property, records, and unexpended balances

of appropriations, authorizations, allocations, or other funds

held, used, arising from, or available or to be made available in

connection with, the functions, powers, and duties transferred by

section 3534 of this title are hereby transferred with such

functions, powers, and duties, respectively.

(b) Repealed. Pub. L. 90-448, title VIII, Sec. 807(d), Aug. 1,

1968, 82 Stat. 544

(c) Employment, compensation, authority, and duties of personnel

The Secretary is authorized, subject to the civil service and

classification laws, to select, appoint, employ, and fix the

compensation of such officers and employees, including attorneys,

as shall be necessary to carry out the provisions of this chapter

and to prescribe their authority and duties: Provided, That any

other provision of law to the contrary notwithstanding, the

Secretary may fix the compensation for not more than six positions

in the Department at the annual rate applicable to positions in

level V of the Executive Schedule provided by subchapter II of

chapter 53 of title 5.

(d) Delegation of authority; rules and regulations

The Secretary may delegate any of his functions, powers, and

duties to such officers and employees of the Department as he may

designate, may authorize such successive redelegations of such

functions, powers, and duties as he may deem desirable, and may

make such rules and regulations as may be necessary to carry out

his functions, powers, and duties.

(e) Temporary employment of experts or consultants; compensation

The Secretary may obtain services as authorized by section 3109

of title 5, at rates for individuals not to exceed the per diem

equivalent to the highest rate for grade GS-18 of the General

Schedule under section 5332 of title 5. The Secretary is authorized

to enter into contracts with private companies for the provision of

such managerial support to the Federal Housing Administration as

the Secretary determines to be appropriate, including but not

limited to the management of insurance risk and the improvement of

the delivery of mortgage insurance.

(f) Working capital fund; establishment; uses; appropriations;

capitalization; reimbursement

The Secretary is authorized to establish a working capital fund,

to be available without fiscal year limitation, for expenses

necessary for the maintenance and operation of such common

administrative services as he shall find to be desirable in the

interest of economy and efficiency in the Department, including

such services as a central supply service for stationery and other

supplies and equipment for which adequate stocks may be maintained

to meet in whole or in part the requirements of the Department and

its agencies; central messenger, mail, telephone, and other

communications services; office space; central services for

document reproduction and for graphics and visual aids; and a

central library service. In addition to amounts appropriated to

provide capital for said fund, which appropriations are hereby

authorized, the fund shall be capitalized by transfer to it of such

stock of supplies and equipment on hand or on order as the

Secretary shall direct. Such fund shall be reimbursed from

available funds of agencies and offices in the Department for which

services are performed at rates which will return in full all

expenses of operation, including reserves for accrued annual leave

and for depreciation of equipment.

(g) Seal

The Secretary shall cause a seal of office to be made for the

Department of such device as he shall approve, and judicial notice

shall be taken of such seal.

(h) Financial transactions, finality; checking accounts for funds

in Treasury; availability of funds for administrative expenses;

consolidation of cash for banking and checking purposes

Except as such authority is otherwise expressly provided in any

other Act administered by the Secretary, such financial

transactions of the Secretary as the making of loans or grants (and

vouchers approved by the Secretary in connection with such

financial transactions) shall be final and conclusive upon all

officers of the Government. Funds made available to the Secretary

pursuant to any provision of law for such financial transactions

shall be deposited in a checking account or accounts with the

Treasury of the United States. Such funds and any receipts and

assets obtained or held by the Secretary in connection with such

financial transactions shall be available, in such amounts as may

from year to year be authorized by the Congress, for the

administrative expenses of the Secretary in connection with such

financial transactions. Notwithstanding the provisions of any other

law, the Secretary may, with the approval of the Comptroller

General, consolidate into one or more accounts for banking and

checking purposes all cash obtained or held in connection with such

financial transactions, including amounts appropriated, from

whatever source derived.

(i) Foreclosure of property; actions for protection and enforcement

of rights; purchase of property; dealing with property after such

acquisition; deprivation of State court civil and criminal

jurisdiction; impairment of civil rights under State laws;

application of section 5 of title 41; annual payments in lieu of

local property taxes; sale and exchanges of property; insurance;

modification of interest, time for installment payment, and other

terms; other covenants, conditions, and provisions

Except as such authority is otherwise expressly provided in any

other Act administered by the Secretary, the Secretary is

authorized to -

(1) foreclose on any property or commence any action to protect

or enforce any right conferred upon him by any law, contract, or

other agreement, and bid for and purchase at any foreclosure or

any other sale any property in connection with which he has made

a loan or grant. In the event of any such acquisition, the

Secretary may, notwithstanding any other provision of law

relating to the acquisition, handling, or disposal of real

property by the United States, complete, administer, remodel and

convert, dispose of, lease, and otherwise deal with, such

property: Provided, That any such acquisition of real property

shall not deprive any State or political subdivision thereof of

its civil or criminal jurisdiction in and over such property or

impair the civil rights under the State or local laws of the

inhabitants on such property: Provided further, That section 5 of

title 41 shall not apply to any contract for services or supplies

on account of any property so acquired or owned if the amount of

such contract does not exceed $2,500;

(2) enter into agreements to pay annual sums in lieu of taxes

to any State or local taxing authority with respect to any real

property so acquired or owned;

(3) sell or exchange at public or private sale, or lease, real

or personal property, and sell or exchange any securities or

obligations, upon such terms as he may fix;

(4) obtain insurance against loss in connection with property

and other assets held;

(5) consent to the modification, with respect to the rate of

interest, time of payment of any installment of principal or

interest, security, or any other term of any contract or

agreement to which he is a party or which has been transferred to

him; and

(6) include in any contract or instrument such other covenants,

conditions, or provisions as he may deem necessary, including any

provisions relating to the authority or requirements under

paragraph (5).

(j) Fees and charges

Notwithstanding any other provision of law the Secretary is

authorized to establish fees and charges, chargeable against

program beneficiaries and project participants, which shall be

adequate to cover over the long run, costs of inspection, project

review and financing service, audit by Federal or federally

authorized auditors, and other beneficial rights, privileges,

licenses, and services. Such fees and charges heretofore or

hereafter collected shall be considered nonadministrative and shall

remain available for operating expenses of the Department in

providing similar services on a consolidated basis.

(k) Gifts and services, acceptance; taxable status of property;

investments; disbursements

(1) The Secretary is authorized to accept and utilize voluntary

and uncompensated services and accept, hold, administer, and

utilize gifts and bequests of property, both real and personal, for

the purpose of aiding or facilitating the work of the Department.

Gifts and bequests of money and the proceeds from sales of other

property received as gifts or bequests shall be deposited in the

Treasury in a separate fund and shall be disbursed upon order of

the Secretary. Property accepted pursuant to this paragraph, and

the proceeds thereof, shall be used as nearly as possible in

accordance with the terms of the gift or bequest.

(2) For the purpose of Federal income, estate, and gift taxes,

property accepted under paragraph (1) shall be considered as a gift

or bequest to or for use of the United States.

(3) Upon the request of the Secretary, the Secretary of the

Treasury may invest and reinvest in securities of the United States

or in securities guaranteed as to principal and interest by the

United States any moneys contained in the fund provided for in

paragraph (1). Income accruing from such securities and from any

other property held by the Secretary pursuant to paragraph (1)

shall be deposited to the credit of the fund and shall be disbursed

upon order of the Secretary.

(l) Consultants; appointment of advisory committees; compensation

and travel expenses

The Secretary is authorized to appoint, without regard to the

civil service laws, such advisory committees as shall be

appropriate for the purpose of consultation with and advice to the

Department in performance of its functions. Members of such

committees, other than those regularly employed by the Federal

Government, while attending meetings of such committees or

otherwise serving at the request of the Secretary, may be paid

compensation at rates not exceeding those authorized for

individuals under subsection (e) of this section, and while so

serving away from their homes or regular places of business, may be

allowed travel expenses, including per diem in lieu of subsistence,

as authorized by section 5703 of title 5 for persons in the

Government service employed intermittently.

(m) Occupancy preference in rental housing for military personnel

Whenever he shall determine that, because of location, or other

considerations, any rental housing project assisted under title II

of the National Housing Act [12 U.S.C. 1707 et seq.] or title I of

the Housing and Urban Development Act of 1965 could ordinarily be

expected substantially to serve the family housing needs of lower

income military personnel serving on active duty, the Secretary is

authorized to provide for or approve such preference or priority of

occupancy of such project by such military personnel as he shall

determine is appropriate to assure that the project will serve

their needs on a continuing basis notwithstanding the frequency

with which individual members of such personnel may be transferred

or reassigned to new duty stations.

(n) Day care center for children of employees of Department;

establishment; fees and charges

Notwithstanding any other provision of law, the Secretary is

authorized by contract or otherwise to establish, equip, and

operate a day care center facility or facilities, or to assist in

establishing, equipping, and operating interagency day care

facilities for the purpose of serving children who are members of

households of employees of the Department. The Secretary is

authorized to establish or provide for the establishment of

appropriate fees and charges to be chargeable against the

Department of Housing and Urban Development employees or others who

are beneficiaries of services provided by any such day care center.

In addition, limited start-up costs may be provided by the

Secretary in an amount limited to 3 per centum of the first year's

operating budget, but not to exceed $3,500.

(o) Agenda of rules or regulations under development or review;

transmittal to Congress

(1) Notwithstanding any other provision of law, the Secretary

shall transmit to the Committee on Banking, Housing, and Urban

Affairs of the Senate and the Committee on Banking, Finance and

Urban Affairs of the House of Representatives an agenda of all

rules or regulations which are under development or review by the

Department. Such an agenda shall be transmitted to such Committees

within 30 days of October 31, 1978, and at least semi-annually

thereafter.

(2)(A) Any rule or regulation which is on any agenda submitted

under paragraph (1) may not be published for comment prior to or

during the 15-calendar day period beginning on the day after the

date on which such agenda was transmitted. If within such period,

either Committee notifies the Secretary in writing that it intends

to review any rule or regulation or portion thereof which appears

on the agenda, the Secretary shall submit to both Committees a copy

of any such rule or regulation, in the form it is intended to be

proposed, at least 15 calendar days prior to its being published

for comment in the Federal Register.

(B) Any rule or regulation which has not been published for

comment before October 31, 1978, and which does not appear on an

agenda submitted under paragraph (1) shall be submitted to both

such Committees at least 15 calendar days prior to its being

published for comment.

(3) No rule or regulation may become effective until after the

expiration of the 30-calendar day period beginning on the day after

the day on which such rule or regulation is published as final. Any

regulation implementing any provision of the Department of Housing

and Urban Development Reform Act of 1989 that authorizes the

imposition of a civil money penalty may not become effective until

after the expiration of a public comment period of not less than 60

days.

(4) The provisions of paragraphs (2) and (3) may be waived upon

the written request of the Secretary, if agreed to by the Chairmen

and Ranking Minority Members of both Committees.

(5), (6) Repealed. Pub. L. 101-235, title I, Sec. 123(4), Dec.

15, 1989, 103 Stat. 2021.

(7) The Secretary shall include with each rule or regulation

required to be transmitted to the Committees under this subsection

a detailed summary of all changes required by the Office of

Management and Budget that prohibit, modify, postpone, or

disapprove such rule or regulation in whole or part.

(p) Cost-benefit analysis of field reorganizations; requirements,

contents, etc.

A plan for the reorganization of any regional, area, insuring, or

other field office of the Department of Housing and Urban

Development may take effect only upon the expiration of 90 days

after publication in the Federal Register of a cost-benefit

analysis of the effect of the plan on each office involved. Such

cost-benefit analysis shall include, but not be limited to -

(1) an estimate of cost savings supported by background

information detailing the source and substantiating the amount of

the savings;

(2) an estimate of the additional cost which will result from

the reorganization;

(3) a study of the impact on the local economy; and

(4) an estimate of the effect of the reorganization on the

availability, accessibility, and quality of services provided for

recipients of those services,

where any of the above factors cannot be quantified, the Secretary

shall provide a statement on the nature and extent of those factors

in the cost-benefit analysis.

(q) Waiver of regulations

(1) Any waiver of regulations of the Department shall be in

writing and shall specify the grounds for approving the waiver.

(2) The Secretary may delegate authority to approve a waiver of a

regulation only to an individual of Assistant Secretary rank or

equivalent rank, who is authorized to issue the regulation to be

waived.

(3) The Secretary shall notify the public of all waivers of

regulations approved by the Department. The notification shall be

included in a notice in the Federal Register published not less

than quarterly. Each notification shall cover the period beginning

on the day after the last date covered by the prior notification,

and shall -

(A) identify the project, activity, or undertaking involved;

(B) describe the nature of the requirement that has been waived

and specify the provision involved;

(C) specify the name and title of the official who granted the

waiver request;

(D) include a brief description of the grounds for approval of

the waiver; and

(E) state how more information about the waiver and a copy of

the request and the approval may be obtained.

(4) Any waiver of a provision of a handbook of the Department

shall -

(A) be in writing;

(B) specify the grounds for approving the waiver; and

(C) be maintained in indexed form and made available for public

inspection for not less than the 3-year period beginning on the

date of the waiver.

(r) Program evaluation and monitoring

(1) For the programs listed in paragraph (2), amounts

appropriated under this subsection shall be available to the

Secretary for evaluating and monitoring of all such programs

(including all aspects of the public housing and section 202

programs) and collecting and maintaining data for such purposes.

The Secretary shall expend amounts made available under this

subsection in accordance with the need and complexity of evaluating

and monitoring each such program and collecting and maintaining

data for such purposes.

(2) The programs subject to this subsection shall be the programs

authorized under -

(A) titles I [42 U.S.C. 1437 et seq.] and II (!1) of the United

States Housing Act of 1937;

(B) section 202 of the Housing Act of 1959 [12 U.S.C. 1701q];

(C) section 106 of the Housing and Urban Development Act of

1968 [12 U.S.C. 1701x];

(D) the Fair Housing Act [42 U.S.C. 3601 et seq.];

(E) title I [42 U.S.C. 5301 et seq.] and section 810 (!1) of

the Housing and Community Development Act of 1974;

(F) section 201 of the Housing and Community Development

Amendments of 1978 [12 U.S.C. 1715z-1a];

(G) the Congregate Housing Services Act of 1978 [42 U.S.C. 8001

et seq.];

(H) section 222 of the Housing and Urban-Rural Recovery Act of

1983;

(I) section 3616a of this title;

(J) title IV of the McKinney-Vento Homeless Assistance Act [42

U.S.C. 11361 et seq.]; and

(K) titles II [42 U.S.C. 12721 et seq.], III, and IV and

section 811 [42 U.S.C. 8013] of the Cranston-Gonzalez National

Affordable Housing Act.

(3) In conducting evaluations and monitoring pursuant to the

authority under this subsection, and collecting and maintaining

data pursuant to the authority under this subsection, the Secretary

shall determine any need for additional staff and funding relating

to evaluating and monitoring the programs under paragraph (2) and

collecting and maintaining data for such purposes.

(4)(A) The Secretary may provide for evaluation and monitoring

under this subsection and collecting and maintaining data for such

purposes directly or by grants, contracts, or interagency

agreements. Not more than 50 percent of the amounts made available

under paragraph (1) may be used for grants, contracts, or

interagency agreements.

(B) Any amounts not used for grants, contracts, or interagency

agreements under subparagraph (A) shall be used in a manner that

increases and strengthens the ability of the Department to monitor

and evaluate the programs under paragraph (2) and to collect and

maintain data for such purposes through officers and employees of

the Department.

(5) There are authorized to be appropriated to carry out this

subsection such sums as may be necessary for fiscal year 1993 and

fiscal year 1994. Such amounts shall remain available until

expended.

(s) Authorization of appropriations; allocations for staff and

training

(1) Notwithstanding any other provision of law, there is

authorized to be appropriated for salaries and expenses to carry

out the purposes of this section $988,000,000 for fiscal year 1993

and $1,029,496,000 for fiscal year 1994.

(2) Of the amounts authorized to be appropriated by this section,

$96,000,000 shall be available for each of the fiscal years 1993

and 1994, which amounts shall be used to provide staff in regional,

field, or zone offices of the Department of Housing and Urban

Development to review, process, approve, and service applications

for mortgage insurance under title II of the National Housing Act

[12 U.S.C. 1707 et seq.] for housing consisting of 5 or more

dwelling units.

(3) Of the amounts authorized to be appropriated to carry out

this section, not less than $5,000,000 of such amount shall be

available for each fiscal year exclusively for the purposes of

providing ongoing training and capacity building for Department

personnel.

-SOURCE-

(Pub. L. 89-174, Sec. 7, Sept. 9, 1965, 79 Stat. 669; Pub. L.

90-284, title VIII, Sec. 808(b)(2), Apr. 11, 1968, 82 Stat. 84;

Pub. L. 90-448, title VIII, Sec. 807(d), Aug. 1, 1968, 82 Stat.

544; Pub. L. 91-609, title I, Sec. 120(c), title IX, Secs. 905,

906, Dec. 31, 1970, 84 Stat. 1775, 1809, 1811; Pub. L. 94-375,

Secs. 17(d), 21, Aug. 3, 1976, 90 Stat. 1077; Pub. L. 95-557, title

III, Secs. 316, 324, title IX, Sec. 908, Oct. 31, 1978, 92 Stat.

2099, 2103, 2129; Pub. L. 96-399, title III, Sec. 334(a), Oct. 8,

1980, 94 Stat. 1653; Pub. L. 98-479, title I, Sec. 104(b), Oct. 17,

1984, 98 Stat. 2225; Pub. L. 100-242, title V, Sec. 563(a), Feb. 5,

1988, 101 Stat. 1944; Pub. L. 101-235, title I, Secs. 106, 123,

124, 141, Dec. 15, 1989, 103 Stat. 2000, 2021, 2022, 2030; Pub. L.

101-625, title IX, Sec. 954(a), Nov. 28, 1990, 104 Stat. 4420; Pub.

L. 102-550, title IX, Secs. 902(b), (c), 929, Oct. 28, 1992, 106

Stat. 3867, 3887; Pub. L. 103-233, title I, Sec. 104, Apr. 11,

1994, 108 Stat. 363; Pub. L. 105-362, title VII, Sec. 701(a), Nov.

10, 1998, 112 Stat. 3287; Pub. L. 106-400, Sec. 2, Oct. 30, 2000,

114 Stat. 1675.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsecs. (c) and (l), are

set forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (c), are

classified generally to chapter 51 (Sec. 5101 et seq.) and to

subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5.

The National Housing Act, referred to in subsecs. (m) and (s)(2),

is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is

classified principally to chapter 13 (Sec. 1701 et seq.) of Title

12, Banks and Banking. Title II of the Act is classified

principally to subchapter II (Sec. 1707 et seq.) of chapter 13 of

Title 12. For complete classification of this Act to the Code, see

section 1701 of Title 12 and Tables.

The Housing and Urban Development Act of 1965, referred to in

subsec. (m), is Pub. L. 89-117, Aug. 10, 1965, 79 Stat. 451, as

amended. Title I of the Housing and Urban Development Act of 1965

enacted sections 1421b, 1466 of this title, and sections 1701q,

1701s, 1735g, 1735h of Title 12, amended sections 1402, 1422, 1451,

1465 of this title, sections 1715c, 1715l, 1715n, 1717 of Title 12,

and section 1816 [now 3732] of Title 38, Veterans' Benefits, and

enacted provisions set out as notes under section 1466 of this

title and section 1701q of Title 12. For complete classification of

this Act to the Code, see Short Title note set out under section

1701 of Title 12 and Tables.

The Department of Housing and Urban Development Reform Act of

1989, referred to in subsec. (o)(3), is Pub. L. 101-235, Dec. 15,

1989, 103 Stat. 1987. For complete classification of this Act to

the Code, see Short Title of 1989 Amendment note set out under

section 3531 of this title and Tables.

The United States Housing Act of 1937, referred to in subsec.

(r)(2)(A), is act Sept. 1, 1937, ch. 896, as revised generally by

Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

and amended. Title I of the Act is classified generally to

subchapter I (Sec. 1437 et seq.) of chapter 8 of this title. Title

II of the Act, which was classified generally to subchapter II

(Sec. 1437aa et seq.) of chapter 8 of this title, was repealed by

Pub. L. 104-330, title V, Sec. 501(a), Oct. 26, 1996, 110 Stat.

4041. For complete classification of this Act to the Code, see

Short Title note set out under section 1437 of this title and

Tables.

The Fair Housing Act, referred to in subsec. (r)(2)(D), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I of chapter 45 (Sec.

3601 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3601 of

this title and Tables.

The Housing and Community Development Act of 1974, referred to in

subsec. (r)(2)(E), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633,

as amended. Title I of the Act is classified principally to chapter

69 (Sec. 5301 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5301 of this title and Tables. Section 810 of the Act which was

classified to section 1706e of Title 12, Banks and Banking, was

repealed by Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990,

104 Stat. 4128.

Section 201 of the Housing and Community Development Amendments

of 1978, referred to in subsec. (r)(2)(F), is section 201 of Pub.

L. 95-557, title II, Oct. 31, 1978, 92 Stat. 2084, which enacted

section 1715z-1a of Title 12, Banks and Banking, and amended

section 1715z-1 of Title 12.

The Congregate Housing Services Act of 1978, referred to in

subsec. (r)(2)(G), is title IV of Pub. L. 95-557, Oct. 31, 1978, 92

Stat. 2104, as amended, which is classified principally to chapter

89 (Sec. 8001 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

8001 of this title and Tables.

Section 222 of the Housing and Urban-Rural Recovery Act of 1983,

referred to in subsec. (r)(2)(H), is section 222 of Pub. L. 98-181,

which is set out as a note under section 1701z-6 of Title 12, Banks

and Banking.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (r)(2)(J), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482,

as amended. Title IV of the Act is classified generally to

subchapter IV (Sec. 11361 et seq.) of chapter 119 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 11301 of this title and Tables.

The Cranston-Gonzalez National Affordable Housing Act, referred

to in subsec. (r)(2)(K), is Pub. L. 101-625, Nov. 28, 1990, 104

Stat. 4079. Title II of the Act, known as the HOME Investment

Partnerships Act, is classified principally to subchapter II (Sec.

12721 et seq.) of chapter 130 of this title. Title III of the Act

enacted subchapter III (Sec. 12851 et seq.) of chapter 130 of this

title and sections 1735f-17 and 1735f-18 of Title 12, Banks and

Banking, amended sections 1703, 1708, 1709, 1715d, 1715z-20, 1721,

and 1735f-9 of Title 12, and enacted provisions set out as notes

under sections 1703, 1709, 1713, and 1735f-18 of Title 12. Title IV

of the Act, known as the Homeownership and Opportunity Through HOPE

Act, enacted subchapter II-A (Sec. 1437aaa et seq.) of chapter 8 of

this title and subchapter IV (Sec. 12871 et seq.) of chapter 130 of

this title, amended sections 1437c, 1437f, 1437l, 1437p, 1437r, and

1437s of this title and section 1709 of Title 12, and enacted

provisions set out as notes under sections 1437c, 1437aa, and

1437aaa of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 12701 of this

title and Tables.

-COD-

CODIFICATION

In subsec. (c), "the Executive Schedule provided by subchapter II

of chapter 53 of title 5" substituted for "the Federal Executive

Salary Schedule provided by the Federal Executive Salary Act of

1964" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80

Stat. 631, the first section of which enacted Title 5, Government

Organization and Employees.

In subsec. (e), "section 3109 of title 5" substituted for

"section 15 of the Act of August 2, 1946" on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5. Prior to the enactment of Title 5,

section 15 of the Act of Aug. 2, 1946, was classified to section

55a of former Title 5.

Section was formerly classified to section 624d of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1,

1966, 80 Stat. 378.

Subsec. (d) is comprised of the first sentence of subsec. (d) of

section 7 of Pub. L. 89-174. The second sentence of subsec. (d)

repealed the second proviso of section 1451(c) of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (r)(2)(J). Pub. L. 106-400 substituted

"McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney

Homeless Assistance Act".

1998 - Subsec. (r)(5), (6). Pub. L. 105-362 redesignated par. (6)

as (5) and struck out former par. (5) which read as follows: "Not

later than December 31 of each year, the Secretary shall submit to

the Congress a report regarding the use of amounts made available

under this subsection during the fiscal year ending on September 30

of that year, including an analysis of the ability of the

Department to monitor and evaluate the programs under paragraph (2)

and a statement of any needs determined under paragraph (3)."

1994 - Subsec. (i)(5). Pub. L. 103-233 struck out before last

semicolon "; except that with respect to any mortgage held by the

Secretary, the Secretary shall, subject to the availability of

amounts provided in appropriation Acts, implement the authority

under this paragraph to reduce the interest rate on the mortgage to

a rate not less than the rate for recently issued marketable

obligations of the Treasury having a comparable maturity if (and to

the extent that) such a reduction, when taken together with other

actions authorized under the National Housing Act, is necessary to

avoid foreclosure on the mortgage; and except that for any mortgage

for which the interest rate is reduced pursuant to an appropriation

under the preceding clause, if the Secretary determines that the

income or ability of the mortgagor to make interest payments has

increased, the Secretary may (not more than once for each such

mortgage) increase such interest rate to a rate not exceeding the

prevailing market rate, as determined by the Secretary".

1992 - Subsec. (i)(5). Pub. L. 102-550, Sec. 902(b)(1), inserted

before semicolon "; except that with respect to any mortgage held

by the Secretary, the Secretary shall, subject to the availability

of amounts provided in appropriation Acts, implement the authority

under this paragraph to reduce the interest rate on the mortgage to

a rate not less than the rate for recently issued marketable

obligations of the Treasury having a comparable maturity if (and to

the extent that) such a reduction, when taken together with other

actions authorized under the National Housing Act, is necessary to

avoid foreclosure on the mortgage; and except that for any mortgage

for which the interest rate is reduced pursuant to an appropriation

under the preceding clause, if the Secretary determines that the

income or ability of the mortgagor to make interest payments has

increased, the Secretary may (not more than once for each such

mortgage) increase such interest rate to a rate not exceeding the

prevailing market rate, as determined by the Secretary".

Subsec. (i)(6). Pub. L. 102-550, Sec. 902(b)(2), inserted before

period ", including any provisions relating to the authority or

requirements under paragraph (5)".

Subsec. (r)(6). Pub. L. 102-550, Sec. 902(c), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "There is authorized to be appropriated to carry out this

subsection $25,000,000 for fiscal year 1991."

Subsec. (s). Pub. L. 102-550, Sec. 929, added subsec. (s).

1990 - Subsec. (r)(1). Pub. L. 101-625, Sec. 954(a)(1), inserted

"and collecting and maintaining data for such purposes" before

periods at end of first and last sentences.

Subsec. (r)(2)(K). Pub. L. 101-625, Sec. 954(a)(2), added subpar.

(K).

Subsec. (r)(3). Pub. L. 101-625, Sec. 954(a)(3), inserted "and

collecting and maintaining data pursuant to the authority under

this subsection," after comma and "and collecting and maintaining

data for such purposes" before period at end.

Subsec. (r)(4)(A). Pub. L. 101-625, Sec. 954(a)(4)(A), inserted

"and collecting and maintaining data for such purposes" after

"subsection".

Subsec. (r)(4)(B). Pub. L. 101-625, Sec. 954(a)(4)(B), inserted

"and to collect and maintain data for such purposes" after

"paragraph (2)".

1989 - Subsec. (e). Pub. L. 101-235, Sec. 141, inserted at end

"The Secretary is authorized to enter into contracts with private

companies for the provision of such managerial support to the

Federal Housing Administration as the Secretary determines to be

appropriate, including but not limited to the management of

insurance risk and the improvement of the delivery of mortgage

insurance."

Subsec. (o)(2)(A). Pub. L. 101-235, Sec. 123(1), substituted

"15-calendar day period beginning on the day" for "first period of

15 calendar days of continuous session of Congress which occurs"

and struck out "of continuous session" before "prior to its being

published".

Subsec. (o)(2)(B). Pub. L. 101-235, Sec. 123(2), struck out "of

continuous session of Congress" before "prior to its being

published".

Subsec. (o)(3). Pub. L. 101-235, Sec. 123(3)(A), substituted

"expiration of the 30-calendar day period beginning on the day" for

"first period of 30 calendar days of continuous session of Congress

which occurs".

Pub. L. 101-235, Sec. 123(3)(B), substituted "Any regulation

implementing any provision of the Department of Housing and Urban

Development Reform Act of 1989 that authorizes the imposition of a

civil money penalty may not become effective until after the

expiration of a public comment period of not less than 60 days."

for "If within such 30-day period, either Committee has reported

out or been discharged from further consideration of a joint

resolution of disapproval or other legislation which is intended to

modify or invalidate the rule or regulation or any portion thereof,

the rule or regulation or portion thereof so addressed shall not

become effective for a period of 90 calendar days from the date of

Committee action or discharge unless the House to which such

Committee reports has rejected such resolution or legislation, in

which case the rule or regulation may go into effect only after the

expiration of the 30 calendar days described in the first sentence

of this paragraph if the other House does not have such a

resolution or legislation pending or adopted, and if the

requirements of section 553 of title 5 are met."

Subsec. (o)(5). Pub. L. 101-235, Sec. 123(4), struck out par. (5)

which read as follows: "Congressional inaction on any rule or

regulation shall not be deemed an expression of approval of the

rule or regulation involved."

Subsec. (o)(6). Pub. L. 101-235, Sec. 123(4), struck out par. (6)

which read as follows: "For purposes of this subsection -

"(A) continuity of session is broken only by an adjournment of

Congress sine die;

"(B) the days on which either House is not in session because

of an adjournment of more than 3 days to a day certain are

excluded in the computation of calendar days of continuous

session of Congress; and

"(C) the term 'rule or regulation' does not include the setting

of interest rates pursuant to section 235 or 236 of the National

Housing Act."

Subsec. (q). Pub. L. 101-235, Sec. 106, added subsec. (q).

Subsec. (r). Pub. L. 101-235, Sec. 124, added subsec. (r).

1988 - Subsec. (o)(7). Pub. L. 100-242 added par. (7).

1984 - Subsec. (o)(6)(C). Pub. L. 98-479 substituted "section 235

or 236 of the National Housing Act" for "section 3 of Public Law

90-301".

1980 - Subsec. (o)(3). Pub. L. 96-399 substituted "30" for "20"

wherever appearing.

1978 - Subsec. (n). Pub. L. 95-557, Sec. 316, inserted "or

facilities, or to assist in establishing, equipping, and operating

interagency day care facilities" after "a day care center

facility", substituted "any such day care center" for "such a day

care center" and inserted provision relating to limited start-up

costs in an amount limited to 3 per centum of the first year's

operating budget, but not to exceed $3,500.

Subsec. (o). Pub. L. 95-557, Sec. 324, added subsec. (o).

Subsec. (p). Pub. L. 95-557, Sec. 908, added subsec. (p).

1976 - Subsec. (c). Pub. L. 94-375, Sec. 17(d), substituted "six"

for "seven" in proviso.

Subsec. (n). Pub. L. 94-375, Sec. 21, added subsec. (n).

1970 - Subsec. (e). Pub. L. 91-609, Sec. 906, substituted "for

individuals not to exceed the per diem equivalent to the highest

rate for grade GS-18 of the General Schedule under section 5332 of

title 5" for "not to exceed $100 per diem for individuals".

Subsecs. (h) to (l). Pub. L. 91-609, Sec. 905, added subsecs. (h)

to (l).

Subsec. (m). Pub. L. 91-609, Sec. 120(c), added subsec. (m).

1968 - Subsec. (b). Pub. L. 90-448 repealed subsec. (b) which

restricted transfer of functions in connection with secondary

market operations of the Federal National Mortgage Association.

Subsec. (c). Pub. L. 90-284 increased from six to seven the

number of positions in the Department whose compensation may be

fixed at annual rate applicable to positions in level V.

-CHANGE-

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress. Committee on Banking and Financial Services of House

of Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1980 AMENDMENT

Section 334(b) of Pub. L. 96-399 provided that: "The amendment

made by subsection (a) [amending this section] shall apply only to

rules and regulations which are published as final on or after the

date of enactment of this Act [Oct. 8, 1980]."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-448 effective from and after a date, no

more than 120 days following Aug. 1, 1968, as established by the

Secretary of Housing and Urban Development, see section 808 of Pub.

L. 90-448, set out as an Effective Date note under section 1716b of

Title 12, Banks and Banking.

REPORT ON SINGLE FAMILY AND MULTIFAMILY HOMES

Pub. L. 105-276, title V, Sec. 591, Oct. 21, 1998, 112 Stat.

2652, provided that:

"(a) In General. - Not later than 12 months after the date of the

enactment of this Act [Oct. 21, 1998], the Inspector General of the

Department of Housing and Urban Development shall submit to the

Congress a report, which shall include information relating to -

"(1) with respect to 1- to 4-family dwellings owned by the

Department of Housing and Urban Development, on a monthly average

basis -

"(A) the total number of units in those dwellings;

"(B) the number and percentage of units in those dwellings

that are unoccupied, and their average period of vacancy, and

the number and percentage of units in those dwellings that have

been unoccupied for more than 1 year, as of that date; and

"(C) the number and percentage of units in those projects

that are determined by the Inspector General to be substandard,

based on any -

"(i) lack of hot or cold piped water;

"(ii) lack of working toilets;

"(iii) regular and prolonged breakdowns in heating;

"(iv) dangerous electrical problems;

"(v) unsafe hallways or stairways;

"(vi) leaking roofs, windows, or pipes;

"(vii) open holes in walls and ceilings; and

"(viii) indications of rodent infestation; and

"(2) with respect to multifamily housing projects (as that term

is defined in section 203 of the Housing and Community

Development Amendments of 1978 [12 U.S.C. 1701z-11]) owned by the

Department of Housing and Urban Development on a monthly average

basis -

"(A) the total number of units in those projects;

"(B) the number and percentage of units in those projects

that are unoccupied, and their average period of vacancy, and

the number and percentage of units in those projects that have

been unoccupied for more than 1 year, as of that date; and

"(C) the number and percentage of units in those projects

that are determined by the Inspector General to be substandard,

based on any -

"(i) lack of hot or cold piped water;

"(ii) lack of working toilets;

"(iii) regular and prolonged breakdowns in heating;

"(iv) dangerous electrical problems;

"(v) unsafe hallways or stairways;

"(vi) leaking roofs, windows, or pipes;

"(vii) open holes in walls and ceilings; and

"(viii) indications of rodent infestation; and

"(3) the Department's plans and operations to address vacancies

and substandard physical conditions described in paragraphs (1)

and (2).

"(b) Effective Date. - This section shall take effect on the date

of the enactment of this Act [Oct. 21, 1998]."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770,

776, set out in the Appendix to Title 5, Government Organization

and Employees.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3536 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3536. Annual reports

-STATUTE-

The Secretary shall, as soon as practicable after the end of each

calendar year, make a report to the President for submission to the

Congress on the activities of the Department during the preceding

calendar year. The report required under this section shall include

the reports required under paragraphs (2) and (6) of section

3608(e) of this title, the reports required under subsections (a)

and (b) of section 4856 of this title, the report required under

section 1701o of title 12, and the report required under section

3533(e)(2) of this title.

-SOURCE-

(Pub. L. 89-174, Sec. 8, Sept. 9, 1965, 79 Stat. 670; Pub. L.

106-569, title XI, Sec. 1103(e), Dec. 27, 2000, 114 Stat. 3031.)

-COD-

CODIFICATION

Section was formerly classified to section 624e of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-569 inserted at end "The report required under

this section shall include the reports required under paragraphs

(2) and (6) of section 3608(e) of this title, the reports required

under subsections (a) and (b) of section 4856 of this title, the

report required under section 1701o of title 12, and the report

required under section 3533(e)(2) of this title."

PERFORMANCE GOALS FOR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Pub. L. 102-550, title IX, Sec. 925(a), Oct. 28, 1992, 106 Stat.

3884, provided that:

"(1) In general. - The Secretary of the Department of Housing and

Urban Development (hereafter in this Act [see Short Title of 1992

Amendment note set out under section 5301 of this title] referred

to as the 'Secretary') may establish performance goals for the

major programs of the Department of Housing and Urban Development

in order to measure progress towards meeting the objectives of

national housing policy.

"(2) Form of goals. - The performance goals referred to in

paragraph (1) shall be expressed in terms sufficient to measure

progress.

"(3) Report. - The Secretary shall include in the Secretary's

annual report to the Congress a description of the progress made in

attaining the performance goals for each program, citing the

results achieved in each program for the previous year.

"(4) Failure to meet goals. - If a performance standard or goal

has not been met, the description under paragraph (3) shall include

an explanation of why the goal was not met, propose plans for

achieving the performance goal, and recommend any legislative or

regulatory changes necessary for achievement of the goal."

ANNUAL REPORT ON CHARACTERISTICS OF FAMILIES IN ASSISTED HOUSING

Pub. L. 100-242, title I, Sec. 166, Feb. 5, 1988, 101 Stat. 1864,

as amended by Pub. L. 101-625, title IX, Sec. 954(b), Nov. 28,

1990, 104 Stat. 4420, provided that:

"(a) In General. - The Secretary of Housing and Urban Development

shall include in the annual report under section 8 of the Housing

and Urban Development Act [probably means section 8 of the

Department of Housing and Urban Development Act, 42 U.S.C. 3536]

descriptions of the characteristics of families assisted under each

of the following programs of assistance: public housing, section 8

of the United States Housing Act of 1937 [42 U.S.C. 1437f] (other

than subsection (o) of such section), section 8(o) of the United

States Housing Act of 1937, and section 202 of the Housing Act of

1959 [12 U.S.C. 1701q].

"(b) Specific Requirements. - The descriptions required in

subsection (a) shall include information with respect to -

"(1) family size, including the number of children;

"(2) amount and sources of family income;

"(3) the age, race, and sex of family members; and

"(4) whether the head of the family (or the spouse of such

person) is a member of the armed forces.

"(c) Collection and Maintenance of Data. - The Secretary shall

collect and maintain data necessary to carry out the purposes of

this section and shall coordinate such efforts, to the greatest

extent possible, with activities and responsibilities under section

8 of the Department of Housing and Urban Development Act [42 U.S.C.

3536]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437d, 1437u, 3533 of

this title; title 12 section 1831q.

-End-

-CITE-

42 USC Sec. 3537 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3537. Separability

-STATUTE-

Notwithstanding any other evidence of the intent of Congress, it

is hereby declared to be the intent of Congress that if any

provision of this chapter, or the application thereof to any

persons or circumstances, shall be adjudged by any court of

competent jurisdiction to be invalid, such judgment shall not

affect, impair, or invalidate the remainder of this chapter or its

application to other persons and circumstances, but shall be

confined in its operation to the provision of this chapter, or the

application thereof to the persons and circumstances, directly

involved in the controversy in which such judgment shall have been

rendered.

-SOURCE-

(Pub. L. 89-174, Sec. 10, Sept. 9, 1965, 79 Stat. 671.)

-COD-

CODIFICATION

Section was formerly classified to section 624f of former Title

5, Executive Departments and Government Officers and Employees,

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1,

1966, 80 Stat. 378.

-End-

-CITE-

42 USC Sec. 3537a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3537a. Prohibition of advance disclosure of funding decisions

-STATUTE-

(a) Prohibited actions

During any selection process, no officer or employee of the

Department of Housing and Urban Development shall knowingly

disclose any covered selection information regarding such

selection, directly or indirectly, to any person other than a

person authorized by the Secretary to receive such information.

(b) Administrative remedies

If the Secretary receives or obtains information providing a

reasonable basis to believe that a violation of subsection (a) of

this section has occurred, the Secretary shall -

(1) in the case of a selection that has not been made,

determine whether to terminate the selection process or take

other appropriate actions; and

(2) in the case of a selection that has been made, determine

whether to -

(A) void or rescind the selection, subject to review and

determination on the record after opportunity for a hearing;

(B) impose sanctions upon the violating applicant selected,

subject to review and determination on the record after

opportunity for a hearing;

(C) permit the violating applicant selected to continue to

participate in the program; or

(D) take any other actions that the Secretary considers

appropriate.

(c) Civil money penalties

(1) In general

Whenever any employee of the Department knowingly and

materially violates the prohibition in subsection (a) of this

section, the Secretary may impose a civil money penalty on the

employee in accordance with the provisions of this subsection.

This penalty shall be in addition to any other available civil

remedy or any available criminal penalty and may be imposed

whether or not the Secretary takes other disciplinary actions.

(2) Amount

The amount of the penalty, as determined by the Secretary, may

not exceed $10,000 for each violation.

(3) Agency procedures

(A) Establishment

The Secretary shall establish standards and procedures

governing the imposition of civil money penalties under this

subsection. The standards and procedures -

(i) shall provide for the Secretary or other official of

the Department to make the determination to impose a penalty

or to use an administrative entity to make the determination;

(ii) shall provide for the imposition of a penalty only

after the employee has been given an opportunity for a

hearing on the record; and

(iii) may provide for review of any determination or order,

or interlocutory ruling, arising from a hearing.

(B) Final orders

If no hearing is requested within 15 days of receipt of the

notice of opportunity for hearing, the imposition of the

penalty shall constitute a final and unappealable order. If the

Secretary reviews the determination or order, the Secretary may

affirm, modify, or reverse that determination or order. If the

Secretary does not review the determination or order within 90

days of the issuance of the determination or order, the

determination or order shall be final.

(C) Factors in determining amount of penalty

In determining the amount of a penalty under paragraph (2),

consideration shall be given to such factors as the gravity of

the offense, any history of prior disclosures of information on

pending funding decisions made after December 15, 1989, ability

to pay the penalty, injury to the public, benefits received,

deterrence of future violations, and such other factors as the

Secretary may determine in regulations to be appropriate.

(D) Reviewability of imposition of a penalty

The Secretary's determination or order imposing a penalty

under paragraph (1) shall not be subject to review, except as

provided in paragraph (4).

(4) Judicial review of agency determination

(A) In general

After exhausting all administrative remedies established by

the Secretary under paragraph (3)(A), an employee against whom

the Secretary has imposed a civil money penalty under paragraph

(1) may obtain a review of the penalty and such ancillary

issues (such as any administrative sanctions under 24 C.F.R.

part 25) as may be addressed in the notice of determination to

impose a penalty under paragraph (3)(A)(i) in the appropriate

court of appeals of the United States, by filing in such court,

within 20 days after the entry of such order or determination,

a written petition praying that the Secretary's order or

determination be modified or be set aside in whole or in part.

(B) Objections not raised in hearing

The court shall not consider any objection that was not

raised in the hearing conducted pursuant to paragraph (3)(A)

unless a demonstration is made of extraordinary circumstances

causing the failure to raise the objection. If any party

demonstrates to the satisfaction of the court that additional

evidence not presented at such hearing is material and that

there were reasonable grounds for the failure to present such

evidence at the hearing, the court shall remand the matter to

the Secretary for consideration of such additional evidence.

(C) Scope of review

The decisions, findings, and determinations of the Secretary

shall be reviewed pursuant to section 706 of title 5.

(D) Order to pay penalty

Notwithstanding any other provision of law, in any such

review, the court shall have the power to order payment of the

penalty imposed by the Secretary.

(5) Action to collect penalty

If any employee fails to comply with the Secretary's

determination or order imposing a civil money penalty under

paragraph (1), after the determination or order is no longer

subject to review as provided by paragraphs (3)(A) and (4), the

Secretary may request the Attorney General of the United States

to bring an action in an appropriate United States district court

to obtain a monetary judgment against the employee and such other

relief as may be available. The monetary judgment may, in the

court's discretion, include the attorneys' fees and other

expenses incurred by the United States in connection with the

action. In an action under this subsection, the validity and

appropriateness of the Secretary's determination or order

imposing the penalty shall not be subject to review.

(6) Settlement by Secretary

The Secretary may compromise, modify, or remit any civil money

penalty which may be, or has been, imposed under this subsection.

(7) Deposit of penalties

The Secretary shall deposit all civil money penalties collected

under this subsection into miscellaneous receipts of the

Treasury.

(d) Criminal penalties

Whoever willfully violates subsection (a) of this section by

making a disclosure prohibited by subsection (a) of this section to

any applicant, or any officer, employee, representative, agent, or

consultant of any applicant, shall be imprisoned not more than 5

years, or fined in accordance with title 18, or both.

(e) Definitions

For purposes of this section:

(1) Applicant

The term "applicant" means any applicant or candidate that is

being considered for receiving assistance.

(2) Assistance

The term "assistance" means any grant, loan, subsidy,

guarantee, or other financial assistance under a program

administered by the Secretary that provides by statute,

regulation, or otherwise for the competitive distribution of such

assistance. The term does not include any mortgage insurance

provided under a program administered by the Secretary.

(3) Covered selection information

The term "covered selection information" means -

(A) any information that is contained in any application or

request for assistance, or any information regarding the

decision of the Secretary to make available assistance or other

information that is determined by the Secretary to be

information that is not generally available to the public (not

including program requirements and timing of the decision to

make assistance available); and

(B) any information that is required by statute, regulation,

or order to be confidential.

(4) Knowingly

The term "knowingly" means having actual knowledge of or acting

with deliberate ignorance of or reckless disregard for the

prohibitions under this section.

(5) Selection

The term "selection" means the determination of which

applicants for assistance are to receive assistance under the

program.

(6) Selection process

The term "selection process" means the period with respect to a

selection for assistance that begins with the development,

preparation, and issuance of a solicitation or request for

applications for the assistance and concludes with the selection

of recipients of assistance, and includes the evaluation of

applications.

(f) Regulations

The Secretary shall issue such regulations as the Secretary deems

appropriate to implement this section.

(g) Applicability

This section shall apply only with respect to violations that

occur on or after December, 15, 1989.

-SOURCE-

(Pub. L. 89-174, Sec. 12, as added Pub. L. 101-235, title I, Sec.

103, Dec. 15, 1989, 103 Stat. 1995.)

-End-

-CITE-

42 USC Sec. 3537b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3537b. Repealed. Pub. L. 104-65, Sec. 11(b)(1), Dec. 19, 1995,

109 Stat. 701

-MISC1-

Section, Pub. L. 89-174, Sec. 13, as added Pub. L. 101-235, title

I, Sec. 112, Dec. 15, 1989, 103 Stat. 2016; amended Pub. L.

102-550, title IX, Sec. 926, Oct. 28, 1992, 106 Stat. 3885, related

to registration of and reports by persons spending money to

influence Department decisions.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1996, except as otherwise provided, see

section 24 of Pub. L. 104-65, set out as an Effective Date note

under section 1601 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 3537c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3537c. Prohibition of lump-sum payments

-STATUTE-

In providing relocation assistance in connection with any program

administered by the Department of Housing and Urban Development,

the Secretary may not make lump-sum payments to any displaced

residential tenant, except where necessary to cover -

(1) moving expenses;

(2) a downpayment on the purchase of a replacement residence,

including a condominium unit or membership in a cooperative

housing association; or

(3) any incidental expenses related to paragraph (1) or (2).

-SOURCE-

(Pub. L. 89-174, Sec. 14, as added Pub. L. 102-550, title IX, Sec.

922, Oct. 28, 1992, 106 Stat. 3884.)

-End-

-CITE-

42 USC Sec. 3538 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3538. Rescheduling and refinancing of Federal loans

-STATUTE-

The Secretary of Housing and Urban Development is authorized to

refinance any note or other obligation which is held by him in

connection with any loan made by the Department of Housing and

Urban Development or its predecessor in interest, or which is

included within the revolving fund for liquidating programs

established by the Independent Offices Appropriation Act of 1955

[12 U.S.C. 1701g-5], where he finds such refinancing necessary

because of the loss, destruction, or damage (as a result of a major

disaster) to property or facilities securing such obligations. The

Secretary may authorize a suspension in the payment of principal

and interest charges on, and an additional extension in the

maturity of, any such loan for a period not to exceed five years if

he determines that such action is necessary to avoid severe

financial hardship.

-SOURCE-

(Pub. L. 91-606, title II, Sec. 236(b), Dec. 31, 1970, 84 Stat.

1754.)

-REFTEXT-

REFERENCES IN TEXT

The Independent Offices Appropriation Act of 1955, referred to in

text, is act June 24, 1954, ch. 359, 68 Stat. 272. Provisions of

the act which established the revolving fund for liquidating

programs are classified to section 1701g-5 of Title 12, Banks and

Banking. For complete classification of this Act to the Code, see

Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Department of Housing and

Urban Development Act which comprises this chapter.

Section was formerly classified to section 4455(b) of this title.

-MISC1-

EFFECTIVE DATE

Section effective Dec. 31, 1970, see section 304 of Pub. L.

91-606, set out as an Effective Date of 1970 Amendment note under

section 165 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 636b.

-End-

-CITE-

42 USC Sec. 3539 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3539. Housing and Urban Development Disaster Assistance Fund

-STATUTE-

The Secretary of Housing and Urban Development is authorized to

establish a fund and to transfer to such fund from appropriations

or funds available to the Department of Housing and Urban

Development, such amounts as may be necessary to provide disaster

assistance for which the Secretary has been requested by the

President to make resources available pursuant to the authority of

the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et

seq.].

-SOURCE-

(Pub. L. 92-383, title IV, Sec. 406, Aug. 14, 1972, 86 Stat. 553;

1973 Reorg. Plan No. 1, Secs. 1, 3(a)(1), eff. July 1, 1973, 38

F.R. 9579, 87 Stat. 1089; Ex. Ord. No. 11749, Sec. 2(1), Dec. 10,

1973, 38 F.R. 34177; Ex. Ord. No. 12148, Sec. 4-201, July 20, 1979,

44 F.R. 43239; Pub. L. 100-707, title I, Sec. 109(s), Nov. 23,

1988, 102 Stat. 4710.)

-REFTEXT-

REFERENCES IN TEXT

The Disaster Relief and Emergency Assistance Act, referred to in

text, is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended,

known as the Robert T. Stafford Disaster Relief and Emergency

Assistance Act, which is classified principally to chapter 68 (Sec.

5121 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 5121 of

this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Department of Housing and

Urban Development Act which comprises this chapter.

Section was formerly classified to section 4413a of this title.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-707 substituted "Disaster Relief and Emergency

Assistance Act" for "Disaster Relief Act of 1970 (84 Stat. 1744)".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

"President" substituted in text for "Director of the Office of

Emergency Preparedness" pursuant to section 1 of Reorganization

Plan No. 1 of 1973, eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,

set out in the Appendix to Title 5, Government Organization and

Employees.

Previously, functions of Director of Office of Emergency

Preparedness under Disaster Relief Act of 1970, transferred to

President by Reorg. Plan No. 1 of 1973, had been transferred to

Secretary of Housing and Urban Development by Ex. Ord. No. 11749,

Dec. 10, 1973, 38 F.R. 34177, which superseded Ex. Ord. No. 11725,

June 27, 1973, 38 F.R. 17175, which had provided for a similar

transfer to Secretary of Housing and Urban Development. Both of

these Executive Orders were subsequently revoked, see Delegation of

Functions note below.

Office of Emergency Preparedness [formerly Office of Emergency

Planning], including offices of Director, Deputy Director,

Assistant Directors, and Regional Directors, abolished and

functions vested by law in Office of Emergency Preparedness or

Director of Office of Emergency Preparedness transferred to

President of United States by sections 1 and 3(a)(1) of Reorg. Plan

No. 1 of 1973, eff. July 1, 1973, set out in the Appendix to Title

5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

Functions of President under Disaster Relief Act of 1970

delegated to Secretary of Homeland Security by section 4-201 of Ex.

Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended, set out

as a note under section 5195 of this title. Sections 5-112 and

5-113 of Ex. Ord. No. 12148, revoked Ex. Ord. Nos. 11725 and 11749,

respectively, which had previously transferred President's

functions under Disaster Relief Act of 1970 to Secretary of Housing

and Urban Development. See Transfer of Functions note above.

-End-

-CITE-

42 USC Sec. 3540 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3540. Repealed. Pub. L. 100-242, title IV, Sec. 420, Feb. 5,

1988, 101 Stat. 1913

-MISC1-

Section, Pub. L. 95-128, title IX, Sec. 904, Oct. 12, 1977, 91

Stat. 1149, required annual publication of prototype housing costs

for one- to four-family dwelling units.

-End-

-CITE-

42 USC Sec. 3541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3541. Paperwork reduction

-STATUTE-

(a) Declaration of policy

The Congress finds and declares -

(1) that various departments, agencies, and instrumentalities

of the Federal Government with responsibilities involving housing

and housing finance programs, require, approve, use or otherwise

employ a variety of different forms as residential mortgages (or

deeds of trust or similar security instruments) as notes secured

by those mortgages, and for applications, appraisals and other

purposes, and that such duplication of forms constitutes a

paperwork burden that adds to the costs imposed on the Nation's

homeowners and home buyers;

(2) that unnecessary paperwork impairs the effectiveness of

Federal housing and housing finance programs;

(3) that both single-family and multi-family programs are

affected; and

(4) that simplification of paperwork imposed by Federal housing

and housing finance programs would contribute to achieving the

Nation's housing goals by reducing housing costs.

(b) Uniform legal and other forms for use by agencies in housing

programs

(1) Not later than October 1, 1980, the Secretary of Housing and

Urban Development, the Secretary of Agriculture, and the Secretary

of Veterans Affairs shall, consistent with provisions of law

governing the conduct of housing programs, employ in their

respective programs -

(A) uniform single-family and multi-family note and mortgage

forms;

(B) a uniform application form for mortgage approval and

commitment for mortgage insurance;

(C) a uniform form for computation of the monthly net effective

income of applicants;

(D) a uniform property appraisal form;

(E) a uniform settlement statement which shall satisfy the

requirements of the Real Estate Settlement Procedures Act of 1974

[12 U.S.C. 2601 et seq.]; and

(F) such other consolidated or simplified forms, particularly

those which solicit identical or nearly identical information

from the same persons in the conduct of two or more such

programs, the consolidation or simplification of which the

Secretaries of Housing and Urban Development and Agriculture and

the Secretary of Veterans Affairs mutually agree would contribute

to a reduction in the paperwork and regulatory burden of such

programs.

(2) The Secretary of Housing and Urban Development, the Secretary

of Agriculture, and the Secretary of Veterans Affairs shall,

consistent with provisions of law governing their respective

programs, provide by regulation for the elimination of forms which

solicit information which is already available from other available

sources through indexing or other means of identifying such forms.

(3) Each agency referred to in subsection (b) of this section may

employ riders, addenda, or similar forms of modification agreements

to adapt such uniform forms to its respective programs and

policies, consistent with the goals of minimizing the use and

extent of such modification agreements and maximizing the

suitability of such forms for the use of all participants, public

and private.

(c) Coordination and reports by Director of Office of Management

and Budget

The Director of the Office of Management and Budget shall

coordinate and monitor the development and implementation by

Federal departments and agencies of the efforts required by

subsection (b) of this section and shall report to the Congress on

such development and implementation and with respect to any

provisions of law which unnecessarily prevent such departments and

agencies from carrying out the provisions of this section as part

of each report required under Public Law 93-556. Such report shall

include an estimate of the reduction of the level of paperwork

burden hours of the affected agencies as allocated by the Office of

Management and Budget.

-SOURCE-

(Pub. L. 95-557, title IX, Sec. 905, Oct. 31, 1978, 92 Stat. 2126;

Pub. L. 96-153, title III, Sec. 328, Dec. 21, 1979, 93 Stat. 1121;

Pub. L. 98-479, title II, Sec. 204(n)(4), Oct. 17, 1984, 98 Stat.

2234; Pub. L. 102-54, Sec. 13(q)(10), June 13, 1991, 105 Stat.

281.)

-REFTEXT-

REFERENCES IN TEXT

The Real Estate Settlement Procedures Act of 1974, referred to in

subsec. (b)(1)(E), is Pub. L. 93-533, Dec. 22, 1974, 88 Stat. 1724,

as amended, which is classified principally to chapter 27 (Sec.

2601 et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 12 and Tables.

Public Law 93-556, referred to in subsec. (c), is Pub. L. 93-556,

Dec. 27, 1974, 88 Stat. 1789, which is set out as a note under

section 3501 of Title 44, Public Printing and Documents.

-COD-

CODIFICATION

Section was not enacted as part of the Department of Housing and

Urban Development Act which comprises this chapter.

-MISC1-

AMENDMENTS

1991 - Subsec. (b)(1), (2). Pub. L. 102-54 substituted "Secretary

of Veterans Affairs" for "Administrator of Veterans' Affairs"

wherever appearing.

1984 - Subsec. (b)(1)(E). Pub. L. 98-479 inserted "of 1974" after

"Act".

1979 - Subsec. (a). Pub. L. 96-153 reenacted subsec. (a) without

change.

Subsec. (b). Pub. L. 96-153 substituted, in provision preceding

par. (1)(A), "Not later than October 1, 1980, the Secretary of

Housing and Urban Development, the Secretary of Agriculture, and

the Administrator of Veterans' Affairs shall, consistent with

provisions of law governing the conduct of housing programs," for

"Insofar as it is practicable and to the extent that such action

would result in a reduction in paperwork and regulatory burden, the

Department of Housing and Urban Development and the Veterans'

Administration shall", inserted reference to Secretary of

Agriculture in par. (1)(F), added par. (2), redesignated former

par. (2) as (3), and struck out former par. (3), which authorized

the President to require the Farmers Home Administration and

Administrator of the Farmers Home Administration to comply with the

requirements of this section if such compliance would contribute to

a reduction in the paperwork and regulatory burden of housing and

housing finance programs administered by that agency.

Subsec. (c). Pub. L. 96-153 inserted provision requiring the

reports to include an estimate of the reduction of the level of

paperwork burden hours of the affected agencies as allocated by the

Office of Management and Budget.

-End-

-CITE-

42 USC Sec. 3542 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3542. Public notice and comment regarding demonstration

programs not expressly authorized in law

-STATUTE-

(a) No demonstration program not expressly authorized in law may

be commenced by the Secretary of Housing and Urban Development

until (1) a description of such demonstration program is published

in the Federal Register, which description may be included in a

notice of funding availability; and (2) there expires a period of

sixty calendar days following the date of such publication, during

which period the Secretary shall fully consider any public comments

submitted with respect to such demonstration program.

(b) Nothing in this section may be considered to authorize the

conducting of any demonstration program by the Secretary of Housing

and Urban Development.

-SOURCE-

(Pub. L. 98-181, title IV, Sec. 470, Nov. 30, 1983, 97 Stat. 1237.)

-COD-

CODIFICATION

Section was enacted as part of the Supplemental Appropriations

Act, 1984, and not as part of the Department of Housing and Urban

Development Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 3543 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3543. Preventing fraud and abuse in Department of Housing and

Urban Development programs

-STATUTE-

(a) Disclosure of social security account number

As a condition of initial or continuing eligibility for

participation in any program of the Department of Housing and Urban

Development involving loans, grants, interest or rental assistance

of any kind, or mortgage or loan insurance, and to ensure that the

level of benefits provided under such programs is proper, the

Secretary of Housing and Urban Development may require that an

applicant or participant (including members of the household of an

applicant or participant) disclose his or her social security

account number or employer identification number to the Secretary.

(b) Definitions

For purposes of this section, the terms "applicant" and

"participant" shall have such meanings as the Secretary of Housing

and Urban Development by regulation shall prescribe. Such terms

shall not include persons whose involvement is only in their

official capacity, such as State or local government officials or

officers of lending institutions.

-SOURCE-

(Pub. L. 100-242, title I, Sec. 165, Feb. 5, 1988, 101 Stat. 1864.)

-COD-

CODIFICATION

Section was enacted as part of the Housing and Community

Development Act of 1987, and not as part of the Department of

Housing and Urban Development Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 3544 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3544. Preventing fraud and abuse in housing and urban

development programs

-STATUTE-

(a) Definitions

As used in this section:

(1) Secretary

The term "Secretary" means the Secretary of Housing and Urban

Development.

(2) Applicant; participant

The terms "applicant" and "participant" shall have such

meanings as the Secretary by regulation shall prescribe, except

that such terms shall include members of an applicant's or

participant's household, and such terms shall not include persons

whose involvement is only in their official capacity, such as

State or local government officials and officers of lending

institutions.

(3) Public housing agency

The term "public housing agency" means any agency described in

section 3(b)(6) of the United States Housing Act of 1937 [42

U.S.C. 1437a(b)(6)].

(4) Program of the Department of Housing and Urban Development

The term "program of the Department of Housing and Urban

Development" includes Indian housing programs assisted under

title II (!1) of the United States Housing Act of 1937.

(b) Applicant and participant consent

As a condition of initial or continuing eligibility for

participation in any program of the Department of Housing and Urban

Development involving initial and periodic review of an applicant's

or participant's income, and to assure that the level of benefits

provided under the program is correct, the Secretary may require

that an applicant or participant -

(1) sign a consent form approved by the Secretary authorizing

the Secretary, the public housing agency, or the owner

responsible for determining eligibility for or level of benefits

to request current or previous employers to verify salary and

wage information pertinent to the applicant's or participant's

eligibility or level of benefits;

(2) sign a consent form approved by the Secretary authorizing

the Secretary or the public housing agency responsible for

determining eligibility or level of benefits to request a State

agency charged with the administration of the State unemployment

law to release wage information with respect to such applicant or

participant or information regarding whether such applicant or

participant is receiving, has received, or has made application

for, unemployment compensation, and the amount of any such

compensation being received (or to be received) by such applicant

or participant;

(3) sign a consent form approved by the Secretary authorizing

the Secretary to request the Commissioner of Social Security and

the Secretary of the Treasury to release information pursuant to

section 6103(l)(7)(D)(ix) of title 26 with respect to such

applicant or participant for the sole purpose of the Secretary

verifying income information pertinent to the applicant's or

participant's eligibility or level of benefits; and

(4) only in the case of an applicant or participant that is a

member of a family described in section 3(f)(2) of the United

States Housing Act of 1937 (42 U.S.C. 1437a(f)(2)), sign an

agreement under which the applicant or participant agrees to

provide to the appropriate public housing agency, or the owner

responsible for determining the participant's eligibility or

level of benefits, the information required under section 3(f)(1)

of such Act [42 U.S.C. 1437a(f)(1)] for the sole purpose of

verifying income information pertinent to the applicant's or

participant's eligibility or level of benefits, and comply with

such agreement.

Except as provided in this subsection, this consent form shall not

be used to request taxpayer return information protected by section

6103 of title 26.

(c) Access to records

(1) Omitted

(2) Applicant and participant protections

(A) In order to protect applicants for, and recipients of,

benefits under the programs of the Department of Housing and

Urban Development from the improper use of information obtained

pursuant to the requirements of section 503(i) of this title from

the State agency charged with the administration of the State

unemployment compensation law, pursuant to section 3(d)(1) of the

United States Housing Act of 1937 [42 U.S.C. 1437a(d)(1)] from

the applicant or participant, or pursuant to section

6103(l)(7)(D)(ix) of title 26 from the Commissioner of Social

Security or the Secretary of the Treasury, officers and employees

of the Department of Housing and Urban Development and (in the

case of information obtained pursuant to such section 503(i) or

3(d)(1) [42 U.S.C. 1437a(d)(1)]) representatives of public

housing agencies may only use such information -

(i) to verify an applicant's or participant's eligibility for

or level of benefits; or

(ii) in the case of an owner or public housing agency

responsible for determining eligibility for or level of

benefits, to inform such owner or public housing agency that an

applicant's or participant's eligibility for or level of

benefits is uncertain and to request such owner or public

housing agency to verify such applicant's or participant's

income information.

(B) No Federal, State, or local agency, or public housing

agency, or owner responsible for determining eligibility for or

level of benefits receiving such information may terminate, deny,

suspend, or reduce any benefits of an applicant or participant

until such agency or owner has taken appropriate steps to

independently verify information relating to -

(i) the amount of the wages, other earnings or income, or

unemployment compensation involved,

(ii) whether such applicant or participant actually has (or

had) access to such wages, other earnings or income, or

benefits for his or her own use, and

(iii) the period or periods when, or with respect to which,

the applicant or participant actually received such wages,

other earnings or income, or benefits.

(C) Such applicant or participant shall be informed by the

agency or owner of the findings made by the agency or owner on

the basis of such verified information, and shall be given an

opportunity to contest such findings, in the same manner as

applies to other information and findings relating to eligibility

factors under the program.

(3) Penalty

(A) Any person who knowingly and willfully requests or obtains

any information concerning an applicant or participant pursuant

to the authority contained in section 503(i) of this title,

section 3(d)(1) of the United States Housing Act of 1937 [42

U.S.C. 1437a(d)(1)], or section 6103(l)(7)(D)(ix) of title 26

without consent or agreement, as applicable, pursuant to

subsection (b) of this section or under false pretenses, or any

person who knowingly and willfully discloses any such information

in any manner to any individual not entitled under any law to

receive it, shall be guilty of a misdemeanor and fined not more

than $5,000. The term "person" as used in this paragraph shall

include an officer or employee of the Department of Housing and

Urban Development, an officer or employee of any public housing

agency, and any owner responsible for determining eligibility for

or level of benefits (or employee thereof).

(B) Any applicant or participant affected by (i) a negligent or

knowing disclosure of information referred to in this section,

section 503(i) of this title, section 3(d)(1) of the United

States Housing Act of 1937 [42 U.S.C. 1437a(d)(1)], or section

6103(l)(7)(D)(ix) of title 26 about such person by an officer or

employee of any public housing agency or owner (or employee

thereof), which disclosure is not authorized by this section,

such section 503(i), such section 3(d)(1) [42 U.S.C.

1437a(d)(1)], such section 6103(l)(7)(D)(ix), or any regulation

implementing this section, such section 503(i), such section

3(d)(1) [42 U.S.C. 1437a(d)(1)], or such section

6103(l)(7)(D)(ix), or for which consent, pursuant to subsection

(b) of this section, has not been granted, or (ii) any other

negligent or knowing action that is inconsistent with this

section, such section 503(i), such section 3(d)(1) [42 U.S.C.

1437a(d)(1)], such section 6103(l)(7)(D)(ix), or any such

implementing regulation may bring a civil action for damages and

such other relief as may be appropriate against any officer or

employee of any public housing agency or owner (or employee

thereof) responsible for any such unauthorized action. The

district court of the United States in the district in which the

affected applicant or participant resides, in which such

unauthorized action occurred, or in which the applicant or

participant alleged to be responsible for any such unauthorized

action resides, shall have jurisdiction in such matters.

Appropriate relief that may be ordered by such district courts

shall include reasonable attorney's fees and other litigation

costs.

(d) Effective date

(1) In general

Except as provided in paragraphs (2) and (3), the provisions of

this section shall take effect on September 30, 1989.

(2) Optional early implementation

At the initiative of a State or an agency of the State, and

with the approval of the Secretary of Labor, the amendments made

by subsection (c)(1) may be made effective in such State on any

date before September 30, 1989, which is more than 90 days after

November 7, 1988.

(3) Requirements for State agencies

In the case of any State the legislature of which has not been

in session for at least 30 calendar days (whether or not

consecutive) between November 7, 1988, and September 30, 1989,

the amendments made by subsection (c)(1) shall take effect 30

calendar days after the first day on which such legislature is in

session on or after September 30, 1989.

(e) Conditions of release of information by third parties

An applicant or participant under any program of the Department

of Housing and Urban Development may not be required or requested

to consent to the release of information by third parties as a

condition of initial or continuing eligibility for participation in

the program unless -

(1) the request for consent is made, and the information

secured is maintained, in accordance with this section,(!2)

section 552a of title 5; and

(2) the consent that is requested is appropriately limited,

with respect to time and information relevant and necessary to

meet the requirements of this section.

-SOURCE-

(Pub. L. 100-628, title IX, Sec. 904, Nov. 7, 1988, 102 Stat. 3259;

Pub. L. 102-550, title IX, Sec. 903(a), Oct. 28, 1992, 106 Stat.

3867; Pub. L. 103-66, title III, Sec. 3003, Aug. 10, 1993, 107

Stat. 338; Pub. L. 105-276, title V, Sec. 508(d)(2), Oct. 21, 1998,

112 Stat. 2529; Pub. L. 106-74, title II, Sec. 214(b), Oct. 20,

1999, 113 Stat. 1074.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(a)(4), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.

L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and

amended. Title II of the Act, which was classified generally to

subchapter II (Sec. 1437aa et seq.) of chapter 8 of this title, was

repealed by Pub. L. 104-330, title V, Sec. 501(a), Oct. 26, 1996,

110 Stat. 4041. For complete classification of this Act to the

Code, see Short Title note set out under section 1437 of this title

and Tables.

The amendments made by subsection (c)(1), referred to in subsec.

(d)(2), (3), mean the amendments made by section 904(c)(1) of Pub.

L. 100-628, which enacted section 503(i) and amended section

504(a)(2) of this title. See Codification note below.

-COD-

CODIFICATION

Section is comprised of section 904 of Pub. L. 100-628. Subsec.

(c)(1) of section 904 of Pub. L. 100-628 amended sections 503 and

504 of this title.

Section was enacted as part of the Stewart B. McKinney Homeless

Assistance Amendments Act of 1988, and not as part of the

Department of Housing and Urban Development Act which comprises

this chapter.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(4). Pub. L. 106-74 inserted ", or the owner

responsible for determining the participant's eligibility or level

of benefits," after "appropriate public housing agency" and

substituted "verifying income" for "the public housing agency

verifying income".

1998 - Subsec. (b)(4). Pub. L. 105-276, Sec. 508(d)(2)(A), which

directed the amendment of subsec. (b) by adding par. (4) at end,

was executed by adding par. (4) after par. (3), to reflect the

probable intent of Congress.

Subsec. (c)(2)(A). Pub. L. 105-276, Sec. 508(d)(2)(B)(i), in

introductory provisions, inserted ", pursuant to section 3(d)(1) of

the United States Housing Act of 1937 from the applicant or

participant," after "unemployment compensation law" and "or

3(d)(1)" after "such section 503(i)".

Subsec. (c)(3)(A). Pub. L. 105-276, Sec. 508(d)(2)(B)(ii)(I),

(II), in first sentence, inserted ", section 3(d)(1) of the United

States Housing Act of 1937," after "503(i) of this title" and "or

agreement, as applicable," after "consent".

Subsec. (c)(3)(B). Pub. L. 105-276, Sec. 508(d)(2)(B)(ii)(III),

(IV), in first sentence, inserted "section 3(d)(1) of the United

States Housing Act of 1937," after "503(i) of this title," and

"such section 3(d)(1)," after "such section 503(i)," wherever

appearing.

1993 - Subsec. (a)(4). Pub. L. 103-66, Sec. 3003(1), added par.

(4).

Subsec. (b). Pub. L. 103-66, Sec. 3003(2)(D), in concluding

provisions, substituted "Except as provided in this subsection,

this" for "This".

Subsec. (b)(3). Pub. L. 103-66, Sec. 3003(2)(A)-(C), added par.

(3).

Subsec. (c). Pub. L. 103-66, Sec. 3003(5), struck out "State

employment" after "Access to" in heading.

Subsec. (c)(2)(A). Pub. L. 103-66, Sec. 3003(3)(A)(i), in

introductory provisions, inserted "or pursuant to section

6103(l)(7)(D)(ix) of title 26 from the Commissioner of Social

Security or the Secretary of the Treasury" after "compensation law"

and "(in the case of information obtained pursuant to such section

503(i))" before "representatives".

Subsec. (c)(2)(A)(ii). Pub. L. 103-66, Sec. 3003(3)(A)(ii),

substituted "owner or public housing agency" for "owner" wherever

appearing.

Subsec. (c)(2)(B)(i) to (iii). Pub. L. 103-66, Sec. 3003(3)(B),

substituted "wages, other earnings or income," for "wages" wherever

appearing.

Subsec. (c)(3)(A). Pub. L. 103-66, Sec. 3003(4)(A), inserted "or

section 6103(l)(7)(D)(ix) of title 26 without consent pursuant to

subsection (b) of this section or" after "section 503(i) of this

title".

Subsec. (c)(3)(B)(i). Pub. L. 103-66, Sec. 3003(4)(B)(i), added

cl. (i) and struck out former cl. (i) which read as follows: "a

negligent or knowing disclosure of information referred to in this

section or in section 503(i) of this title about such person by an

officer or employee of any public housing agency or owner (or

employee thereof), which disclosure is not authorized by this

section, such section 503(i), or any regulation implementing this

section or such section 503(i), or".

Subsec. (c)(3)(B)(ii). Pub. L. 103-66, Sec. 3003(4)(B)(ii),

inserted "such section 6103(l)(7)(D)(ix)," after "503(i)".

1992 - Subsec. (e). Pub. L. 102-550 added subsec. (e).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by title V of Pub. L. 105-276 effective and applicable

beginning upon Oct. 1, 1999, except as otherwise provided, with

provision that Secretary may implement amendment before such date,

except to extent that such amendment provides otherwise, and with

savings provision, see section 503 of Pub. L. 105-276, set out as a

note under section 1437 of this title.

RELEASE FORMS

Section 903(b) of Pub. L. 102-550 directed Secretary of Housing

and Urban Development, not later than the expiration of the 180-day

period beginning Oct. 28, 1992, to develop a release form that

fulfilled the requirements of this section and provided that during

the period beginning Oct. 28, 1992, and ending upon implementation

of the use of the new form, the benefits provided to an applicant

or participant under any program of Department of Housing and Urban

Development, or eligibility for such benefits, could not be

terminated, denied, suspended, or reduced because of any failure to

sign any form authorizing the release of information from any third

party, if the applicant or participant otherwise disclosed all

financial information relating to the application or

recertification.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1437f of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The comma probably should be "and".

-End-

-CITE-

42 USC Sec. 3545 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3545. HUD accountability

-STATUTE-

(a) Notice regarding assistance

(1) Publication of notice of availability

The Secretary shall publish in the Federal Register notice of

the availability of any assistance under any program or

discretionary fund administered by the Secretary.

(2) Publication of application procedures

The Secretary shall publish in the Federal Register a

description of the form and procedures by which application for

the assistance may be made, and any deadlines relating to the

award or allocation of the assistance. Such description shall be

designed to help eligible applicants to apply for such

assistance.

(3) Publication of selection criteria

Not less than 30 days before any deadline by which applications

or requests for assistance under any program or discretionary

fund administered by the Secretary must be submitted, the

Secretary shall publish in the Federal Register the criteria by

which selection for the assistance will be made. Subject to

section 1439 of this title, such criteria shall include any

objective measures of housing need, project merit, or efficient

use of resources that the Secretary determines are appropriate

and consistent with the statute under which the assistance is

made available.

(4) Documentation of decisions

(A) The Secretary shall award or allocate assistance only in

response to a written application in a form approved in advance

by the Secretary, except where other award or allocation

procedures are specified in statute.

(B) The Secretary shall ensure that documentation and other

information regarding each application for assistance is

sufficient to indicate the basis on which any award or allocation

was made or denied. The preceding sentence shall apply to -

(i) any application for an award or allocation of assistance

made by the Secretary to a State, unit of general local

government, or other recipient of assistance, and

(ii) any application for a subsequent award or allocation of

such assistance by such State, unit of general local government

or other recipient.

(C)(i) The Secretary shall notify the public of all funding

decisions made by the Department. The Secretary shall require any

State or unit of general local government to notify the public of

the award or allocation of such funding to subsequent recipients.

The notification shall include the following elements for each

funding decision:

(I) the name and address of each funding recipient;

(II) the name or other means of identifying the project,

activity, or undertaking for each funding recipient;

(III) the dollar amount of the funding for each project,

activity, or undertaking;

(IV) the citation to the statutory, regulatory, or other

criteria under which the funding decision was made; and

(V) such additional information as the Secretary deems

appropriate for a clear and full understanding of the funding

decision.

(ii) The notification referred to in clause (i) of this

subsection shall be published as a Notice in the Federal Register

at least quarterly.

(iii) For purposes of this subparagraph, the term "funding

decision" means the decision of the Secretary to make available

grants, loans, or any other form of financial assistance to an

individual or to an entity, including (but not limited to) a

State or local government or agency thereof (including a public

housing agency), an Indian tribe, or a nonprofit organization,

under any program administered by the Department that provides,

by statute, regulation, or otherwise, for the competitive

distribution of financial assistance.

(D) The Secretary shall publish a notice in the Federal

Register at least annually informing the public of the allocation

of assistance under section 1439(d)(1)(A) of this title.

(E) The Secretary shall ensure that each application and all

related documentation and other information referred to in

subparagraph (B), including each letter of support, is readily

available for public inspection for a period of not less than 5

years, beginning not less than 30 days following the date on

which the award or allocation is made.

(5) Emergency exception

The Secretary may waive the requirements of paragraphs (1),

(2), and (3) if the Secretary determines that the waiver is

required for appropriate response to an emergency. Not less than

30 days after providing a waiver under the preceding sentence,

the Secretary shall publish in the Federal Register the

Secretary's reasons for so doing.

(b) Disclosures by applicants

The Secretary shall require the disclosure of information with

respect to any application for assistance within the jurisdiction

of the Department for a project application submitted to the

Secretary or to any State or unit of general local government by

any applicant who has received or, in the determination of the

Secretary, can reasonably be expected to receive assistance within

the jurisdiction of the Department in excess of $200,000 in the

aggregate during any fiscal year or such lower amount as the

Secretary may establish by regulation. Such information shall

include the following:

(1) Other government assistance

Information regarding any related assistance from the Federal

Government, a State, or a unit of general local government, or

any agency or instrumentality thereof, that is expected to be

made available with respect to the project or activities for

which the applicant is seeking assistance. Such related

assistance shall include but not be limited to any loan, grant,

guarantee, insurance, payment, rebate, subsidy, credit, tax

benefit, or any other form of direct or indirect assistance.

(2) Interested parties

The name and pecuniary interest of any person who has a

pecuniary interest in the project or activities for which the

applicant is seeking assistance. Persons with a pecuniary

interest in the project or activity shall include but not be

limited to any developers, contractors, and consultants involved

in the application for assistance or the planning, development,

or implementation of the project or activity. For purposes of

this paragraph, residency of an individual in housing for which

assistance is being sought shall not, by itself, be considered a

pecuniary interest.

(3) Expected sources and uses

A report satisfactory to the Secretary of the expected sources

and uses of funds that are to be made available for the project

or activity.

(c) Updating of disclosure

During the period when an application is pending or assistance is

being provided, the applicant shall update the disclosure required

under the previous subsection within 30 days of any substantial

change.

(d) Limitation of assistance

The Secretary shall certify that assistance within the

jurisdiction of the Department to any housing project shall not be

more than is necessary to provide affordable housing after taking

account of assistance described in subsection (b)(1) of this

section. The Secretary shall adjust the amount of assistance

awarded or allocated to an applicant to compensate in whole or in

part, as the Secretary determines to be appropriate, for any

changes reported under subsection (c) of this section.

(e) Administrative remedies

If the Secretary receives or obtains information providing a

reasonable basis to believe that a violation of subsection (b) or

(c) of this section has occurred, the Secretary shall -

(1) in the case of a selection that has not been made,

determine whether to terminate the selection process or take

other appropriate actions; and

(2) in the case of a selection that has been made, determine

whether to -

(A) void or rescind the selection, subject to review and

determination on the record after opportunity for a hearing;

(B) impose sanctions upon the violator, including debarment,

subject to review and determination on the record after

opportunity for a hearing;

(C) recapture any funds that have been disbursed;

(D) permit the violating applicant selected to continue to

participate in the program; or

(E) take any other actions that the Secretary considers

appropriate.

The Secretary shall publish in the Federal Register a descriptive

statement of each determination made and action taken under this

subsection.

(f) Civil money penalties

(1) In general

Whenever any person knowingly and materially violates any

provision of subsection (b) or (c) of this section, the Secretary

may impose a civil money penalty on that person in accordance

with the provisions of this section. This penalty shall be in

addition to any other available civil remedy or any available

criminal penalty, and may be imposed whether or not the Secretary

imposes other administrative sanctions.

(2) Amount of penalty

The amount of the penalty, as determined by the Secretary, may

not exceed $10,000 for each violation.

(g) Agency procedures

(1) In general

The Secretary shall establish standards and procedures

governing the imposition of civil money penalties under

subsection (f) of this section. These standards and procedures -

(A) shall provide for the Secretary to make the determination

to impose the penalty or to use an administrative entity to

make the determination;

(B) shall provide for the imposition of a penalty only after

the person has been given an opportunity for a hearing on the

record; and

(C) may provide for review by the Secretary of any

determination or order, or interlocutory ruling, arising from a

hearing.

If no hearing is requested within 15 days of receipt of the

notice of opportunity for hearing, the imposition of the penalty

shall constitute a final and unappealable determination. If the

Secretary reviews the determination or order, the Secretary may

affirm, modify, or reverse that determination or order. If the

Secretary does not review the determination or order, the

determination or order shall be final.

(2) Factors in determining amount of penalty

In determining the amount of a penalty under subsection (f) of

this section, consideration shall be given to such factors as the

gravity of the offense, ability to pay the penalty, injury to the

public, benefits received, deterrence of future violations, and

such other factors as the Secretary may determine in regulations

to be appropriate.

(3) Reviewability of imposition of a penalty

The Secretary's determination or order imposing a penalty under

subsection (f) of this section shall not be subject to review,

except as provided in subsection (h) of this section.

(h) Judicial review of agency determination

(1) In general

After exhausting all administrative remedies established by the

Secretary under subsection (g)(1) of this section, a person

against whom the Secretary has imposed a civil money penalty

under subsection (f) of this section may obtain a review of the

penalty and such ancillary issues as may be addressed in the

notice of determination to impose a penalty under subsection

(g)(1)(A) of this section in the appropriate court of appeals of

the United States, by filing in such court, within 20 days after

the entry of such order or determination, a written petition

praying that the order or determination of the Secretary be

modified or be set aside in whole or in part.

(2) Objections not raised in hearing

The court shall not consider any objection that was not raised

in the hearing conducted pursuant to subsection (g)(1) of this

section unless a demonstration is made of extraordinary

circumstances causing the failure to raise the objection. If any

party demonstrates to the satisfaction of the court that

additional evidence not presented at the hearing is material and

that there were reasonable grounds for the failure to present

such evidence at the hearing, the court shall remand the matter

to the Secretary for consideration of such additional evidence.

(3) Scope of review

The decisions, findings, and determinations of the Secretary

shall be reviewed pursuant to section 706 of title 5.

(4) Order to pay penalty

Notwithstanding any other provision of law, in any such review,

the court shall have the power to order payment of the penalty

imposed by the Secretary.

(i) Action to collect penalty

If any person fails to comply with the determination or order of

the Secretary imposing a civil money penalty under subsection (f)

of this section, after the determination or order is no longer

subject to review as provided by subsections (g)(1) and (h) of this

section, the Secretary may request the Attorney General of the

United States to bring an action in an appropriate United States

district court to obtain a monetary judgment against the person and

such other relief as may be available. The monetary judgment may,

in the court's discretion, include the attorneys' fees and other

expenses incurred by the United States in connection with the

action. In an action under this subsection, the validity and

appropriateness of the Secretary's determination or order imposing

the penalty shall not be subject to review.

(j) Settlement by Secretary

The Secretary may compromise, modify, or remit any civil money

penalty which may be, or has been, imposed under this section.

(k) Regulations

The Secretary shall issue such regulations as the Secretary deems

appropriate to implement this section.

(l) Deposit of penalties

The Secretary shall deposit all civil money penalties collected

under this section into miscellaneous receipts of the Treasury.

(m) Definitions

For the purpose of this section -

(1) The term "Department" means the Department of Housing and

Urban Development.

(2) The term "Secretary" means the Secretary of Housing and

Urban Development.

(3) The term "person" means an individual (including a

consultant, lobbyist, or lawyer), corporation, company,

association, authority, firm, partnership, society, State, local

government, or any other organization or group of people.

(4) The term "assistance within the jurisdiction of the

Department" includes any contract, grant, loan, cooperative

agreement, or other form of assistance, including the insurance

or guarantee of a loan, mortgage, or pool of mortgages.

(5) The term "knowingly" means having actual knowledge of or

acting with deliberate ignorance of or reckless disregard for the

prohibitions under this section.

(n) Effective date

This section shall take effect on the date specified in

regulations implementing this section that are issued by the

Secretary after notice and public comment.

-SOURCE-

(Pub. L. 101-235, title I, Sec. 102, Dec. 15, 1989, 103 Stat.

1990.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Housing and

Urban Development Reform Act of 1989, and not as part of the

Department of Housing and Urban Development Act which comprises

this chapter.

-MISC1-

SUBSIDY LAYERING REVIEW

Pub. L. 102-550, title IX, Sec. 911, Oct. 28, 1992, 106 Stat.

3875, as amended by Pub. L. 103-233, title III, Sec. 308, Apr. 11,

1994, 108 Stat. 379, provided that:

"(a) Certification of Subsidy Layering Compliance. - The

requirements of section 102(d) of the Department of Housing and

Urban Development Reform Act of 1989 [42 U.S.C. 3545(d)] may be

satisfied in connection with a project receiving assistance under a

program that is within the jurisdiction of the Department of

Housing and Urban Development and under section 42 of the Internal

Revenue Code of 1986 [26 U.S.C. 42] by a certification by a housing

credit agency to the Secretary, submitted in accordance with

guidelines established by 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 assistance is to be provided within the jurisdiction of the

Department of Housing and Urban Development and under section 42 of

the Internal Revenue Code of 1986 shall not be any greater than is

necessary to provide affordable housing.

"(b) In Particular. - The guidelines established pursuant to

subsection (a) shall -

"(1) require that the amount of equity capital contributed by

investors to a project partnership is not less than the amount

generally contributed by investors in current market conditions,

as determined by the housing credit agency; and

"(2) require that project costs, including developer fees, are

within a reasonable range, taking into account project size,

project characteristics, project location and project risk

factors, as determined by the housing credit agency.

"(c) Revocation by Secretary. - If the Secretary determines that

a housing credit agency has failed to comply with the guidelines

established under subsection (a), the Secretary -

"(1) may inform the housing credit agency that the agency may

no longer submit certification of subsidy layering compliance

under this section; and

"(2) shall carry out section 102(d) of the Department of

Housing and Urban Development Reform Act of 1989 [42 U.S.C.

3545(d)] relating to affected projects allocated a low-income

housing tax credit pursuant to section 42 of the Internal Revenue

Code of 1986 [26 U.S.C. 42].

"(d) Applicability. - Section 102(d) of the Department of Housing

and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) shall

apply only to projects for which an application for assistance or

insurance was filed after the date of enactment of the Housing and

Urban Development Reform Act [probably should be Department of

Housing and Urban Development Reform Act of 1989, enacted Dec. 15,

1989]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1439, 1485, 4852d, 12742,

12774 of this title; title 12 section 1715z-22.

-End-

-CITE-

42 USC Sec. 3546 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3546. Use of domestic products

-STATUTE-

(a) Prohibition against fraudulent use of "Made in America" labels

A person shall not intentionally affix a label bearing the

inscription of "Made in America", or any inscription with that

meaning, to any product sold in or shipped to the United States, if

that product is not a domestic product.

(b) Report

The Secretary of Housing and Urban Development and the Secretary

of Agriculture shall each submit, before January 1, 1994, a report

to the Congress on procurements of products that are not domestic

products.

(c) "Domestic product" defined

For the purposes of this section, the term "domestic product"

means a product -

(1) that is manufactured or produced in the United States; and

(2) at least 50 percent of the cost of the articles, materials,

or supplies of which are mined, produced, or manufactured in the

United States.

-SOURCE-

(Pub. L. 102-550, title IX, Sec. 920, Oct. 28, 1992, 106 Stat.

3883.)

-COD-

CODIFICATION

Section was enacted as part of the Housing and Community

Development Act of 1992, and not as part of the Department of

Housing and Urban Development Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 3547 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3547. Special projects

-STATUTE-

(1) In general

(A) Release of funds

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 expenditure of

funds for special projects appropriated under an appropriations

Act for the Department of Housing and Urban Development, such as

special projects under the head "Annual Contributions for

Assisted Housing" in title II of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 1993, and to assure to the public

undiminished protection of the environment, the Secretary of

Housing and Urban Development may, under such regulations, in

lieu of the environmental protection procedures otherwise

applicable, provide for the release of funds for particular

special projects upon the request of recipients of special

projects assistance, 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 specify, that would otherwise apply to the Secretary

were the Secretary to undertake such special projects as Federal

projects.

(B) Implementation

The Secretary shall issue regulations to carry out this section

only after consultation with the Council on Environmental

Quality. Such regulations shall -

(i) provide for monitoring of the performance of

environmental reviews under this section;

(ii) in the discretion of the Secretary, provide for the

provision or facilitation of training for such performance; and

(iii) subject to the discretion of the Secretary, provide for

suspension or termination by the Secretary of the assumption

under subparagraph (A).

(C) Responsibilities of State or unit of general local government

The Secretary's duty under subparagraph (B) shall not be

construed to limit any responsibility assumed by a State or unit

of general local government with respect to any particular

release of funds under subparagraph (A).

(2) Procedure

The Secretary shall approve the release of funds for projects

subject to the procedures authorized by this section only if, not

less than 15 days prior to such approval and prior to any

commitment of funds to such projects, the recipient submits to the

Secretary a request for such release, accompanied by a

certification of the State or unit of general local government

which meets the requirements of paragraph (3). 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 releases of funds

for special projects to be carried out pursuant thereto which are

covered by such certification.

(3) Certification

A certification under the procedures authorized by this section

shall -

(A) be in a form acceptable to the Secretary;

(B) 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;

(C) specify that the State or unit of general local government

under this section has fully carried out its responsibilities as

described under paragraph (1); and

(D) specify that the certifying officer -

(i) 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 each provision of law specified in

regulations issued by the Secretary insofar as the provisions

of such Act or other such provision of law apply pursuant to

paragraph (1); and

(ii) 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.

(4) Approval by States

In cases in which a unit of general local government carries out

the responsibilities described in paragraph (1), the Secretary may

permit the State to perform those actions of the Secretary

described in paragraph (2) 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 paragraph (2).

-SOURCE-

(Pub. L. 103-233, title III, Sec. 305(c), Apr. 11, 1994, 108 Stat.

372.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

pars. (1)(A), (2), and (3)(D)(i), 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 this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4321 of this title and Tables.

The Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1993,

referred to in par. (1)(A), is Pub. L. 102-389, Oct. 6, 1992, 106

Stat. 1571. Provisions under the head "Annual Contributions for

Assisted Housing" in title II of the Act appear at 106 Stat. 1582

and are not classified to the Code. For complete classification of

this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Multifamily Housing Property

Disposition Reform Act of 1994, and not as part of the Department

of Housing and Urban Development Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11402, 12905 of this

title.

-End-

-CITE-

42 USC Sec. 3548 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 44 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

-HEAD-

Sec. 3548. Semiannual report on contracts and task orders

-STATUTE-

The Secretary shall submit semi-annually to the Committees on

Appropriations a list of all contracts and task orders issued under

such contracts in excess of $250,000 which were entered into during

the prior 6-month period by the Secretary, the Government National

Mortgage Association, and the Office of Federal Housing Enterprise

Oversight (or by any officer of the Department of Housing and Urban

Development, the Government National Mortgage Association, or the

Office of Federal Housing Enterprise Oversight acting in his or her

capacity to represent the Secretary or these entities). Each

listing shall identify the parties to the contract, the term and

amount of the contract, and the subject matter and responsibilities

of the parties to the contract.

-SOURCE-

(Pub. L. 105-18, title II, Sec. 10001, June 12, 1997, 111 Stat.

201.)

-COD-

CODIFICATION

Section was enacted as part of the 1997 Emergency Supplemental

Appropriations Act for Recovery from Natural Disasters, and for

Overseas Peacekeeping Efforts, Including Those in Bosnia, and not

as part of the Department of Housing and Urban Development Act

which comprises this chapter.

-End-