Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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title: "42 U.S.C. § 3531"
description: "Congressional declaration of purpose"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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citation: "42 U.S.C. § 3531"
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---
# 42 U.S.C. § 3531 - Congressional declaration of purpose
## Text
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 Nations 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 Nations 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 Nations communities and of the people who live and work in them.
(Pub. L. 89174, § 2, Sept. 9, 1965, 79 Stat. 667.)
## Notes
Editorial Notes
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. 89554, § 1, Sept. 1, 1966, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Effective Date: Interim AppointmentsPub. L. 89174, § 11, Sept. 9, 1965, 79 Stat. 671, provided that: “(a) The provisions of this Act [see Short Title note below] 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 AmendmentPub. L. 101235, § 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 TitlePub. L. 89174, § 1, Sept. 9, 1965, 79 Stat. 667, 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, and enacting provisions set out as notes under this section] 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 AgenciesPub. L. 89174, § 9, Sept. 9, 1965, 79 Stat. 670, 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.”
Executive Documents
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. 1701z1 et seq.), it is ordered as follows: Section 1. Policy. The Nations 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 Nations 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 Nations 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.
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# 42 U.S.C. § 3533 - Officers of Department
## Text
(a) Deputy Secretary, Assistant Secretaries, and General Counsel (1) There shall be in the Department a Deputy Secretary, 7 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.
(2) There shall be in the Department an Assistant Secretary for Public Affairs, who shall be appointed by the President and 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.
(g) Office of Housing Counseling (1) Establishment There is established, in the Department, the Office of Housing Counseling.
(2) Director There is established the position of Director of Housing Counseling. The Director shall be the head of the Office of Housing Counseling and shall be appointed by, and shall report to, the Secretary. Such position shall be a career-reserved position in the Senior Executive Service.
(3) Functions (A) In general The Director shall have primary responsibility within the Department for all activities and matters relating to homeownership counseling and rental housing counseling, including—
(i) research, grant administration, public outreach, and policy development relating to such counseling; and
(ii) establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by the Department that relate to housing counseling, homeownership counseling (including maintenance of homes), mortgage-related counseling (including home equity conversion mortgages and credit protection options to avoid foreclosure), and rental housing counseling, including the requirements, standards, and performance measures relating to housing counseling.
(B) Specific functions The Director shall carry out the functions assigned to the Director and the Office under this section and any other provisions of law. Such functions shall include establishing rules necessary for—
(i) the counseling procedures under section 1701x(g)(1) of title 12;
(ii) carrying out all other functions of the Secretary under section 1701x(g) of title 12, including the establishment, operation, and publication of the availability of the toll-free telephone number under paragraph (2) of such section;
(iii) contributing to the distribution of home buying information booklets pursuant to section 2604 of title 12;
(iv) carrying out the certification program under section 1701x(e) of title 12;
(v) carrying out the assistance program under section 1701x(a)(4) of title 12, including criteria for selection of applications to receive assistance;
(vi) carrying out any functions regarding abusive, deceptive, or unscrupulous lending practices relating to residential mortgage loans that the Secretary considers appropriate, which shall include conducting the study under section 6 11 See References in Text note below. of the Expand and Preserve Home Ownership Through Counseling Act;
(vii) providing for operation of the advisory committee established under paragraph (4) of this subsection;
(viii) collaborating with community-based organizations with expertise in the field of housing counseling; and
(ix) providing for the building of capacity to provide housing counseling services in areas that lack sufficient services, including underdeveloped areas that lack basic water and sewer systems, electricity services, and safe, sanitary housing.
(4) Advisory committee (A) In general The Secretary shall appoint an advisory committee to provide advice regarding the carrying out of the functions of the Director.
(B) Members Such advisory committee shall consist of not more than 12 individuals, and the membership of the committee shall equally represent the mortgage and real estate industry, including consumers and housing counseling agencies certified by the Secretary.
(C) Terms Except as provided in subparagraph (D), each member of the advisory committee shall be appointed for a term of 3 years. Members may be reappointed at the discretion of the Secretary.
(D) Terms of initial appointees As designated by the Secretary at the time of appointment, of the members first appointed to the advisory committee, 4 shall be appointed for a term of 1 year and 4 shall be appointed for a term of 2 years.
(E) Prohibition of pay; travel expenses Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
(F) Advisory role only The advisory committee shall have no role in reviewing or awarding housing counseling grants.
(5) Scope of homeownership counseling In carrying out the responsibilities of the Director, the Director shall ensure that homeownership counseling provided by, in connection with, or pursuant to any function, activity, or program of the Department addresses the entire process of homeownership, including the decision to purchase a home, the selection and purchase of a home, issues arising during or affecting the period of ownership of a home (including refinancing, default and foreclosure, and other financial decisions), and the sale or other disposition of a home.
(h) Special Assistant for Veterans Affairs (1) Position There shall be in the Office of the Secretary a Special Assistant for Veterans Affairs, who shall report directly to the Secretary.
(2) Appointment The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5 governing appointments in the competitive service.
(3) Responsibilities The Special Assistant for Veterans Affairs shall be responsible for—
(A) ensuring veterans have fair access to housing and homeless assistance under each program of the Department providing either such assistance;
(B) coordinating all programs and activities of the Department relating to veterans;
(C) serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs;
(D) serving as a liaison for the Department, and establishing and maintaining relationships with the United States Interagency Council on Homelessness and officials of State, local, regional, and nongovernmental organizations concerned with veterans;
(E) providing information and advice regarding—
(i) sponsoring housing projects for veterans assisted under programs administered by the Department; or
(ii) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department;
(F) coordinating with the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs in carrying out section 404 of the Housing Opportunity Through Modernization Act of 2016;
(G) collaborating with the Department of Veterans Affairs on making joint recommendations to the Congress, the Secretary of Housing and Urban Development, and the Secretary of Veterans Affairs on how to better coordinate and improve services to veterans under both Department of Housing and Urban Development and Department of Veteran Affairs veterans housing programs, including ways to improve the Independent Living Program of the Department of Veteran Affairs; and
(H) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.
(Pub. L. 89174, § 4, Sept. 9, 1965, 79 Stat. 668; Pub. L. 9083, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90284, title VIII, § 808(b)(1), Apr. 11, 1968, 82 Stat. 84; Pub. L. 90448, title XVII, § 1708(a), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91609, title IX, § 917, Dec. 31, 1970, 84 Stat. 1816; Pub. L. 93383, title VIII, § 818(a), Aug. 22, 1974, 88 Stat. 740; Pub. L. 95128, title IX, § 901, Oct. 12, 1977, 91 Stat. 1148; Pub. L. 101235, title I, §§ 121, 122, 140, Dec. 15, 1989, 103 Stat. 2021, 2030; Pub. L. 101509, title V, § 529 [title I, § 112(a)(4)], Nov. 5, 1990, 104 Stat.1427, 1454; Pub. L. 101576, title II, § 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102550, title IX, § 902(a)(1), Oct. 28, 1992, 106 Stat. 3866; Pub. L. 111203, title XIV, § 1442, July 21, 2010, 124 Stat. 2163; Pub. L. 112166, § 2(g), Aug. 10, 2012, 126 Stat. 1285; Pub. L. 114201, title IV, § 403(a), July 29, 2016, 130 Stat. 808.)
## Notes
Editorial Notes
References in TextThe Housing and Community Development Act of 1974, referred to in subsec. (e)(1)(C)(ii), is Pub. L. 93383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§ 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 6 of the Expand and Preserve Home Ownership Through Counseling Act, referred to in subsec. (g)(3)(B)(vi), probably means section 1446 of subtitle D of title XIV of Pub. L. 111203, July 21, 2010, 124 Stat. 2172, which is not classified to the Code. Section 404 of the Housing Opportunity Through Modernization Act of 2016, referred to in subsec. (h)(3)(F), is section 404 of Pub. L. 114201, which is set out as a note under section 11313 of this title.
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. 89554, § 1, Sept. 1, 1966, 80 Stat. 378.
Amendments2016—Subsec. (h). Pub. L. 114201 added subsec. (h). 2012—Subsec. (a). Pub. L. 112166 designated existing provisions as par. (1), substituted “7” for “eight” in par. (1), and added par. (2). 2010—Subsec. (g). Pub. L. 111203 added subsec. (g). 1992—Subsec. (e)(1). Pub. L. 102550 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. 101509 substituted “a Deputy Secretary” for “an Under Secretary”. Subsec. (e). Pub. L. 101576 struck out subsec. (e), added by section 121 of Pub. L. 101235, which related to Chief Financial Officer. 1989—Subsec. (a). Pub. L. 101235, § 140(2), designated second sentence of subsec. (a), relating to appointment, function, and duties of Federal Housing Commissioner, as (b). Subsec. (b). Pub. L. 101235, § 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. 101235, § 140(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101235, § 140(1), redesignated former subsec. (d), relating to Special Assistant for Indian and Alaska Native Programs, as (e). Pub. L. 101235, § 121, added subsec. (e) relating to Chief Financial Officer. Subsec. (f). Pub. L. 101235, § 122, added subsec. (f). 1977—Subsec. (d). Pub. L. 95128 added subsec. (d). 1974—Subsec. (a). Pub. L. 93383, § 818(a)(1), increased number of Assistant Secretaries from six to eight. Subsec. (b). Pub. L. 93383, § 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. 93383, § 818(a)(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). 1970—Subsec. (d). Pub. L. 91609 added subsec. (d). 1968—Subsec. (a). Pub. L. 90448 increased number of Assistant Secretaries from five to six. Pub. L. 90284 increased number of Assistant Secretaries from four to five. 1967—Subsec. (a). Pub. L. 9083 struck out provision setting compensation for the Under Secretary, Assistant Secretaries, and General Counsel. Subsec. (b). Pub. L. 9083 struck out provision covering the compensation to be paid the Assistant Secretary for Administration.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111203, set out as a note under section 1601 of Title 15, Commerce and Trade.
Effective Date of 1990 Amendment; Continued Service by IncumbentsAmendment by Pub. L. 101509 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, § 112(e)(1), (2)(D)] of Pub. L. 101509, set out as a note under section 3404 of Title 20, Education.
Effective Date; Interim AppointmentsNomination 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. 89174, set out as a note under section 3531 of this title.
Transfer of Position in Office of Deputy Assistant Secretary for Special NeedsPub. L. 114201, title IV, § 403(b), July 29, 2016, 130 Stat. 809, provided that: “On the date that the initial Special Assistant for Veterans Affairs is appointed pursuant to section 4(h)(2) of the Department of Housing and Urban Development Act [42 U.S.C. 3533(h)(2)], as added by subsection (a) of this section, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs of the Department of Housing and Urban Development shall be terminated.”
Transfer of Functions Pub. L. 102550, title IX, § 902(a)(2), (3), Oct. 28, 1992, 106 Stat. 3866, 3867, 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. 95452, § 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. 95452, set out in Appendix to Title 5.
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# 42 U.S.C. § 3533a - Transferred
## Notes
Section, Pub. L. 90448, title XI, § 1105(a), Aug. 1, 1968, 82 Stat. 567; Pub. L. 96153, title VI, § 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.
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# 42 U.S.C. § 3534 - Transfer of functions
## Text
(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 chapter 2003 of title 54 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.
(Pub. L. 89174, § 5, Sept. 9, 1965, 79 Stat. 669; Pub. L. 9083, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90448, title VIII, § 807(c), Aug. 1, 1968, 82 Stat. 544; Pub. L. 102550, title XIII, § 1352, Oct. 28, 1992, 106 Stat. 3969; Pub. L. 110289, div. A, title I, § 1161(f), July 30, 2008, 122 Stat. 2780; Pub. L. 113287, § 5(k)(3), Dec. 19, 2014, 128 Stat. 3270.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 89174, Sept. 9, 1965, 79 Stat. 667, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of this title and Tables.
Codification In subsec. (c) “chapter 9 of title 5” substituted for “the Reorganization Act of 1949, as amended,” on authority of Pub. L. 89554, § 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. 89554, § 1, Sept. 1, 1966, 80 Stat. 378.
Amendments2014—Subsec. (c). Pub. L. 113287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”. 2008—Subsec. (d). Pub. L. 110289 struck out subsec. (d) which read as follows: “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.” 1992—Subsec. (d). Pub. L. 102550 added subsec. (d). 1968—Subsec. (b). Pub. L. 90448 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. 9083 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 AmendmentAmendment by Pub. L. 90448 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. 90448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.
Transfer of Functions Pub. L. 89174, § 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.
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# 42 U.S.C. § 3535a - Working capital fund
## Text
There is hereby established in the United States Treasury, pursuant to section 3535(f) of this title, a working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the “Fund”): Provided, That amounts transferred to the Fund under this heading shall be available for Federal shared services used by offices and agencies of the Department, and for such portion of any office or agencys printing, records management, space renovation, furniture, or supply services as the Secretary determines shall be derived from centralized sources made available by the Department to all offices and agencies and funded through the Fund: Provided further, That of the amounts made available in this title 11 See References in Text note below. for salaries and expenses under the headings “Executive Offices”, “Administrative Support Offices”, “Program Office Salaries and Expenses”, and “Government National Mortgage Association”, the Secretary shall transfer to the Fund such amounts, to remain available until expended, as are necessary to fund services, specified in the first proviso, for which the appropriation would otherwise have been available, and may transfer not to exceed an additional $10,000,000, in aggregate, from all such appropriations, to be merged with the Fund and to remain available until expended for use for any office or agency: Provided further, That amounts in the Fund shall be the only amounts available to each office or agency of the Department for the services, or portion of services, specified in the first proviso: Provided further, That with respect to the Fund, the authorities and conditions under this heading shall supplant the authorities and conditions provided under section 3535(f) of this title.
(Pub. L. 114113, div. L, title II, Dec. 18, 2015, 129 Stat. 2868.)
## Notes
Editorial Notes
References in TextThis heading, referred to in text, refers to the heading “working capital fund” of title II of div. L of the Consolidated Appropriations Act, 2016, Pub. L. 114113, which is classified to this section. The amounts made available in this title for salaries and expenses under the headings “Executive Offices”, “Administrative Support Offices”, “Program Office Salaries and Expenses”, and “Government National Mortgage Association”, referred to in text, refer to the amounts made available under those headings in title II of div. L of the Consolidated Appropriations Act, 2016, Pub. L. 114113, which are not classified to the Code.
Codification Section was enacted as part of the Consolidated Appropriations Act, 2016, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
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# 42 U.S.C. § 3536 - Annual reports
## Text
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.
(Pub. L. 89174, § 8, Sept. 9, 1965, 79 Stat. 670; Pub. L. 106569, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 3031.)
## Notes
Editorial Notes
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. 89554, § 1, Sept. 1, 1966, 80 Stat. 378.
Amendments2000—Pub. L. 106569 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.”
Statutory Notes and Related Subsidiaries
Performance Goals for Department of Housing and Urban DevelopmentPub. L. 102550, title IX, § 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 Secretarys 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 HousingPub. L. 100242, title I, § 166, Feb. 5, 1988, 101 Stat. 1864, as amended by Pub. L. 101625, title IX, § 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].”
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# 42 U.S.C. § 3536a - Report on interagency family economic empowerment strategies
## Text
The Secretary of Housing and Urban Development, in consultation with the Secretary of Labor, shall submit a report to the Congress annually that describes—
(1) any interagency strategies of such Departments that are designed to improve family economic empowerment by linking housing assistance with essential supportive services, such as employment counseling and training, financial education and growth, childcare, transportation, meals, youth recreational activities, and other supportive services; and
(2) any actions taken in the preceding year to carry out such strategies and the extent of progress achieved by such actions.
(Pub. L. 114201, title VI, § 601, July 29, 2016, 130 Stat. 812.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Housing Opportunity Through Modernization Act of 2016, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
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# 42 U.S.C. § 3537 - Separability
## Text
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.
(Pub. L. 89174, § 10, Sept. 9, 1965, 79 Stat. 671.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 89174, Sept. 9, 1965, 79 Stat. 667, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of this title and Tables.
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. 89554, § 1, Sept. 1, 1966, 80 Stat. 378.
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# 42 U.S.C. § 3537a - Prohibition of advance disclosure of funding decisions
## Text
(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) 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), 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 Secretarys 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 Secretarys 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 Secretarys 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 courts 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 Secretarys 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) by making a disclosure prohibited by subsection (a) 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.
(Pub. L. 89174, § 12, as added Pub. L. 101235, title I, § 103, Dec. 15, 1989, 103 Stat. 1995.)
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 3537b - Repealed. Pub. L. 10465, § 11(b)(1), Dec. 19, 1995, 109 Stat. 701
## Notes
Section, Pub. L. 89174, § 13, as added Pub. L. 101235, title I, § 112, Dec. 15, 1989, 103 Stat. 2016; amended Pub. L. 102550, title IX, § 926, Oct. 28, 1992, 106 Stat. 3885, related to registration of and reports by persons spending money to influence Department decisions.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 10465, set out as an Effective Date note under section 1601 of Title 2, The Congress.
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# 42 U.S.C. § 3537c - Prohibition of lump-sum payments
## Text
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).
(Pub. L. 89174, § 14, as added Pub. L. 102550, title IX, § 922, Oct. 28, 1992, 106 Stat. 3884.)
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# 42 U.S.C. § 3538 - Rescheduling and refinancing of Federal loans
## Text
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. 1701g5], 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.
(Pub. L. 91606, title II, § 236(b), Dec. 31, 1970, 84 Stat. 1754.)
## Notes
Editorial Notes
References in TextThe 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 1701g5 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Tables.
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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 31, 1970, see section 304 of Pub. L. 91606, set out as an Effective Date of 1970 Amendment note under section 165 of Title 26, Internal Revenue Code.
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# 42 U.S.C. § 3539 - Housing and Urban Development Disaster Assistance Fund
## Text
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.].
(Pub. L. 92383, title IV, § 406, Aug. 14, 1972, 86 Stat. 553; 1973 Reorg. Plan No. 1, §§ 1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Ex. Ord. No. 11749, § 2(1), Dec. 10, 1973, 38 F.R. 34177; Ex. Ord. No. 12148, § 4201, July 20, 1979, 44 F.R. 43239; Pub. L. 100707, title I, § 109(s), Nov. 23, 1988, 102 Stat. 4710.)
## Notes
Editorial Notes
References in TextThe Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 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.
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.
Amendments1988—Pub. L. 100707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1970 (84 Stat. 1744)”.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. 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 former section 313(1) and sections 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.
Executive Documents
Transfer of Functions “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 4201 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 5112 and 5113 of Ex. Ord. No. 12148, revoked Ex. Ord. Nos. 11725 and 11749, respectively, which had previously transferred Presidents functions under Disaster Relief Act of 1970 to Secretary of Housing and Urban Development. See Transfer of Functions note above.
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# 42 U.S.C. § 3539a - Department of Housing and Urban Development Nonrecurring Expenses Fund
## Text
There is hereby established in the Treasury of the United States a fund to be known as the “Department of Housing and Urban Development Nonrecurring Expenses Fund” (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Housing and Urban Development by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which they were appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, in addition to such other funds as may be available for such purposes, for capital needs of the Department, including facilities infrastructure and information technology infrastructure, subject to approval by the Office of Management and Budget: Provided further, That amounts in the Fund may be obligated only after the House and Senate Committees on Appropriations are notified at least 15 days in advance of the planned use of funds.
(Pub. L. 11842, div. F, title II, § 235, Mar. 9, 2024, 138 Stat. 384.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2024, and also as part of the Consolidated Appropriations Act, 2024, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
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# 42 U.S.C. § 3540 - Repealed. Pub. L. 100242, title IV, § 420, Feb. 5, 1988, 101 Stat. 1913
## Notes
Section, Pub. L. 95128, title IX, § 904, Oct. 12, 1977, 91 Stat. 1149, required annual publication of prototype housing costs for one- to four-family dwelling units.
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# 42 U.S.C. § 3541 - Paperwork reduction
## Text
(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 Nations 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 Nations 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) 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) 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 93556. 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.
(Pub. L. 95557, title IX, § 905, Oct. 31, 1978, 92 Stat. 2126; Pub. L. 96153, title III, § 328, Dec. 21, 1979, 93 Stat. 1121; Pub. L. 98479, title II, § 204(n)(4), Oct. 17, 1984, 98 Stat. 2234; Pub. L. 10254, § 13(q)(10), June 13, 1991, 105 Stat. 281.)
## Notes
Editorial Notes
References in TextThe Real Estate Settlement Procedures Act of 1974, referred to in subsec. (b)(1)(E), is Pub. L. 93533, Dec. 22, 1974, 88 Stat. 1724, which is classified principally to chapter 27 (§ 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 93556, referred to in subsec. (c), is Pub. L. 93556, Dec. 27, 1974, 88 Stat. 1789, which is set out as a note under section 3501 of Title 44, Public Printing and Documents.
Codification Section was not enacted as part of the Department of Housing and Urban Development Act which comprises this chapter.
Amendments1991—Subsec. (b)(1), (2). Pub. L. 10254 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans Affairs” wherever appearing. 1984—Subsec. (b)(1)(E). Pub. L. 98479 inserted “of 1974” after “Act”. 1979—Subsec. (a). Pub. L. 96153 reenacted subsec. (a) without change. Subsec. (b). Pub. L. 96153 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. 96153 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.
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# 42 U.S.C. § 3542 - Public notice and comment regarding demonstration programs not expressly authorized in law
## Text
(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.
(Pub. L. 98181, title I [title IV, § 470], Nov. 30, 1983, 97 Stat. 1237.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 3543 - Preventing fraud and abuse in Department of Housing and Urban Development programs
## Text
(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.
(Pub. L. 100242, title I, § 165, Feb. 5, 1988, 101 Stat. 1864.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 3544 - Preventing fraud and abuse in housing and urban development programs
## Text
(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 applicants or participants 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 11 See References in Text note below. 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 applicants or participants 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 applicants or participants 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 applicants or participants 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 participants 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 applicants or participants 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 applicants or participants 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 applicants or participants eligibility for or level of benefits is uncertain and to request such owner or public housing agency to verify such applicants or participants 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 attorneys 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,22 So in original. The comma probably should be “and”. 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.
(Pub. L. 100628, title IX, § 904, Nov. 7, 1988, 102 Stat. 3259; Pub. L. 102550, title IX, § 903(a), Oct. 28, 1992, 106 Stat. 3867; Pub. L. 10366, title III, § 3003, Aug. 10, 1993, 107 Stat. 338; Pub. L. 105276, title V, § 508(d)(2), Oct. 21, 1998, 112 Stat. 2529; Pub. L. 10674, title II, § 214(b), Oct. 20, 1999, 113 Stat. 1074.)
## Notes
Editorial Notes
References in TextThe 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. 93383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title II of the Act, which was classified generally to subchapter II (§ 1437aa et seq.) of chapter 8 of this title, was repealed by Pub. L. 104330, title V, § 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. 100628, which enacted section 503(i) and amended section 504(a)(2) of this title. See Codification note below.
Codification Section is comprised of section 904 of Pub. L. 100628. Subsec. (c)(1) of section 904 of Pub. L. 100628 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.
Amendments1999—Subsec. (b)(4). Pub. L. 10674 inserted “, or the owner responsible for determining the participants 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. 105276, § 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. 105276, § 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. 105276, § 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. 105276, § 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. 10366, § 3003(1), added par. (4). Subsec. (b). Pub. L. 10366, § 3003(2)(D), in concluding provisions, substituted “Except as provided in this subsection, this” for “This”. Subsec. (b)(3). Pub. L. 10366, § 3003(2)(A)(C), added par. (3). Subsec. (c). Pub. L. 10366, § 3003(5), struck out “State employment” after “Access to” in heading. Subsec. (c)(2)(A). Pub. L. 10366, § 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. 10366, § 3003(3)(A)(ii), substituted “owner or public housing agency” for “owner” wherever appearing. Subsec. (c)(2)(B)(i) to (iii). Pub. L. 10366, § 3003(3)(B), substituted “wages, other earnings or income,” for “wages” wherever appearing. Subsec. (c)(3)(A). Pub. L. 10366, § 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. 10366, § 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. 10366, § 3003(4)(B)(ii), inserted “such section 6103(l)(7)(D)(ix),” after “503(i)”. 1992—Subsec. (e). Pub. L. 102550 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by title V of Pub. L. 105276 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. 105276, set out as a note under section 1437 of this title.
Inclusion of Disaster Housing Assistance Program in Certain Fraud and Abuse Prevention MeasuresPub. L. 114201, title V, § 501, July 29, 2016, 130 Stat. 811, provided that: “The Disaster Housing Assistance Program administered by the Department of Housing and Urban Development shall be considered a program of the Department of Housing and Urban Development under section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544) for the purpose of income verifications.”
Release FormsPub. L. 102550, title IX, § 903(b), Oct. 28, 1992, 106 Stat. 3868, 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.
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# 42 U.S.C. § 3545 - HUD accountability
## Text
(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 Secretarys 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, as such term is defined in subsection (m), except that for purposes of this subsection such term shall not include any mortgage insurance provided pursuant to title II of the National Housing Act (12 U.S.C. 1707 et seq.) 11 So in original. Probably should be followed by a comma. 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). The Secretary shall adjust the amount of such 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).
(e) Administrative remedies If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b) or (c) 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), 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). 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), 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 Secretarys determination or order imposing a penalty under subsection (f) shall not be subject to review, except as provided in subsection (h).
(h) Judicial review of agency determination (1) In general After exhausting all administrative remedies established by the Secretary under subsection (g)(1), a person against whom the Secretary has imposed a civil money penalty under subsection (f) 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) 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) 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), after the determination or order is no longer subject to review as provided by subsections (g)(1) and (h), 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 courts 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 Secretarys 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.
(Pub. L. 101235, title I, § 102, Dec. 15, 1989, 103 Stat. 1990; Pub. L. 110289, div. B, title VIII, § 2834(a), July 30, 2008, 122 Stat. 2869.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsec. (d), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified generally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
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.
Amendments2008—Subsec. (d). Pub. L. 110289 inserted “, as such term is defined in subsection (m), except that for purposes of this subsection such term shall not include any mortgage insurance provided pursuant to title II of the National Housing Act (12 U.S.C. 1707 et seq.)” after “Department” and “such” after “amount of”.
Statutory Notes and Related Subsidiaries
Subsidy Layering ReviewPub. L. 102550, title IX, § 911, Oct. 28, 1992, 106 Stat. 3875, as amended by Pub. L. 103233, title III, § 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].”
@@ -0,0 +1,45 @@
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# 42 U.S.C. § 3545a - Notification of issuance of electronic notice of availability of assistance or funding to be competitively awarded for certain programs or discretionary funds
## Text
The Secretary of the Department of Housing and Urban Development shall, for fiscal year 2014 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2014 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary.
(Pub. L. 11376, div. L, title II, § 226, Jan. 17, 2014, 128 Stat. 632.)
## Notes
Editorial Notes
Codification Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar ProvisionsProvisions similar to those in this section were contained in the following appropriation acts: Pub. L. 11975, div. D, title II, § 215, Feb. 3, 2026, 140 Stat. 415. Pub. L. 11842, div. F, title II, § 216, Mar. 9, 2024, 138 Stat. 378. Pub. L. 117328, div. L, title II, § 216, Dec. 29, 2022, 136 Stat. 5175. Pub. L. 117103, div. L, title II, § 216, Mar. 15, 2022, 136 Stat. 759. Pub. L. 116260, div. L, title II, § 216, Dec. 27, 2020, 134 Stat. 1897. Pub. L. 11694, div. H, title II, § 216, Dec. 20, 2019, 133 Stat. 3004. Pub. L. 1166, div. G, title II, § 218, Feb. 15, 2019, 133 Stat. 460. Pub. L. 115141, div. L, title II, § 219, Mar. 23, 2018, 132 Stat. 1033. Pub. L. 11531, div. K, title II, § 220, May 5, 2017, 131 Stat. 784. Pub. L. 114113, div. L, title II, § 221, Dec. 18, 2015, 129 Stat. 2893. Pub. L. 113235, div. K, title II, § 222, Dec. 16, 2014, 128 Stat. 2754. Pub. L. 11255, div. C, title II, § 228, Nov. 18, 2011, 125 Stat. 701. Pub. L. 111117, div. A, title II, § 228, Dec. 16, 2009, 123 Stat. 3103. Pub. L. 1118, div. I, title II, § 233, Mar. 11, 2009, 123 Stat. 979.
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# 42 U.S.C. § 3546 - Use of domestic products
## Text
(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.
(Pub. L. 102550, title IX, § 920, Oct. 28, 1992, 106 Stat. 3883.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 3547 - Special projects
## Text
(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 Secretarys 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 Secretarys approval of any such certification shall be deemed to satisfy the Secretarys 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 Secretarys responsibilities referred to in the second sentence of paragraph (2).
(Pub. L. 103233, title III, § 305(c), Apr. 11, 1994, 108 Stat. 372.)
## Notes
Editorial Notes
References in TextThe National Environmental Policy Act of 1969, referred to in pars. (1)(A), (2), and (3)(D)(i), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 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. 102389, 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.
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.
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# 42 U.S.C. § 3548 - Semiannual report on contracts and task orders
## Text
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.
(Pub. L. 10518, title II, § 10001, June 12, 1997, 111 Stat. 201.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 3549 - Investigation of violations
## Text
Notwithstanding any other provision of law, on and after February 20, 2003, the Chief Financial Officer of the Department of Housing and Urban Development shall, in consultation with the Budget Officer, have sole authority to investigate potential or actual violations under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.) and all other statutes and regulations related to the obligation and expenditure of funds made available in this, or any other Act; shall determine whether violations exist; and shall submit final reports on violations to the Secretary, the President, the Office of Management and Budget and the Congress in accordance with applicable statutes and Office of Management and Budget circulars.
(Pub. L. 1087, div. K, title II, Feb. 20, 2003, 117 Stat. 499.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, and also as part of the Consolidated Appropriations Resolution, 2003, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Duties of Chief Financial OfficerPub. L. 109115, div. A, title III, Nov. 30, 2005, 119 Stat. 2457, which provided that the Chief Financial Officer establish control of and maintain adequate systems of accounting for appropriations and other available funds as required by 31 U.S.C. 1514, and further provided that, for purposes of funds control and Anti-Deficiency Act (31 U.S.C. 1341 et seq.) violation determinations, the point of obligation was to be the executed agreement or contract, with certain exceptions, and that the Chief Financial Officer was to appoint and train qualified personnel to conduct investigations, establish guidelines and timeframes for such investigations, prescribe requirements for final reports on violations, and prescribe procedures for conducting investigations of, and reporting on, Anti-Deficiency Act violations, was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108447, div. I, title II, Dec. 8, 2004, 118 Stat. 3312. Pub. L. 108199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. Pub. L. 1087, div. K, title II, Feb. 20, 2003, 117 Stat. 499, as amended by Pub. L. 108199, div. G, title II, Jan. 23, 2004, 118 Stat. 389.
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# 42 U.S.C. § 3550 - Audit of Department financial statements
## Text
For this fiscal year and each fiscal year thereafter, subject to appropriations for that purpose, the Office of Inspector General shall procure and rely upon the services of an independent external auditor(s) to audit the financial statements of the Department of Housing and Urban Development, including the consolidated financial statement and the financial statements of the Federal Housing Administration and the Government National Mortgage Association.
(Pub. L. 116260, div. L, title II, Dec. 27, 2020, 134 Stat. 1891.)
## Notes
Editorial Notes
References in TextThis fiscal year, referred to in text, is fiscal year 2021.
Codification Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2021, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar ProvisionsProvisions similar to this section were contained in the following prior appropriation act: Pub. L. 11694, div. H, title II, Dec. 20, 2019, 133 Stat. 2999.