§ 1490p. Accountability

Footnotes

1. 1 So in original. Probably should be “of this”.
2. 2 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1949

   Department of Housing and Urban Development Reform Act of 1989

   Pub. L. 101–235 title IV § 401(a) · 103 Stat. 1987

   Enacted · 42 U.S.C. § 1490p

   July 15, 1949, ch. 338, title V, § 536, as added Pub. L. 101–235, title IV, § 401(a), Dec. 15, 1989, 103 Stat. 2045

   Source evidence

   Code source credit
   July 15, 1949, ch. 338, title V, § 536, as added Pub. L. 101–235, title IV, § 401(a), Dec. 15, 1989, 103 Stat. 2045

   Enacted provision · exact public law section
   (a) In General.— Title V of the Housing Act of 1949 is amended by adding at the end the following: “Sec. 536. “account ability (a) Notice Regarding Assistance.— “(1) Publication of notice of availability.— The Secretary Federal Register, publication. 42 USC 1490p. shall publish in the Federal Register notice of the availability of any assistance under any program or discretionary fund administered by the Secretary under this title. “(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 sufficient to enable any eligible applicant 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. 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 State and local governments. 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) The Secretary shall ensure that each application and Public information. all related documentation and other information referred to in subparagraph (B) is readily available for public inspection for a period of not less than 10 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 adequate response to an emergency. Not less than 30 days after providing a waiver under the preceding sentence, the Secretary shall publish in the Federal Register the Secretary’s reasons for so doing. “(b) Disclosures by Applicants.— The Secretary shall require the disclosure of information with respect to any application for assistance under this title submitted by any applicant who has received or, in the determination of the Secretary, can reasonably be expected to receive assistance under this title in excess of $200,000 in the aggregate during any fiscal year. 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 under this title. 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 under this title 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) Regulation of Lobbyists and Consultants.— “(1) Limitation of fees.— Any person who is engaged for pay or for any consideration for the purpose of attempting to influence any award or allocation of assistance by the Secretary shall not seek or receive any fee that is— “(A) based on the amount of assistance or number of units that may be provided by the Secretary, or “(B) contingent on an award of assistance by the Secretary, except that professional services related to a project may be donated in whole or in part to a community housing development organization in the event assistance for a project is not awarded. “(2) Registration.— Any person who will be engaged for pay or for any consideration for the purpose of attempting to influence any award or allocation of assistance by the Secretary shall, before doing anything in furtherance of such object, register by submitting to the Secretary a sworn statement containing— “(A) such person’s name and business address, “(B) the nature and duration of any previous Federal employment, “(C) the name and address of the person by whom such person is employed, and in whose interest such person appears or works, “(D) the duration of such employment, “(E) how much such person is paid and is to receive, “(F) by whom such person is paid or is to be paid, “(G) how much such person is to be paid for expenses, and “(H) what expenses are to be included. For purposes of this paragraph, ownership by an individual of a single family home financed under section 502 does constitute pay or consideration. “(3) Reporting.— Each person registering under paragraph (2) shall, between the first and tenth day of each calendar quarter, so long as such person’s activity continues, file with the Secretary a detailed report under oath setting forth— “(A) all money received and expended by such person during the preceding calendar quarter in carrying on such person’s work; “(B) an identification of the person or persons to whom funds were paid and the purposes of such payments; “(C) all awards or allocations of assistance under this title that the person attempted to influence; and “(D) any contacts with any employee of the Department for the purpose of attempting to influence any award or allocation of assistance by the Secretary. “(e) Remedies and Penalties.— “(1) Administrative remedies.— If the Secretary receives or obtains information providing a reasonable basis to believe that a violation of subsection (b), (c), or (d) this section has occurred, the Secretary shall— “(A) in the case of a selection that has not been made, determine whether to terminate the selection process or take other appropriate actions; and “(B) in the case of a selection that has been made, determine whether to— “(i) void or rescind the selection, subject to review and determination on the record after opportunity for a hearing; “(ii) impose sanctions upon the violator, including debarment, subject to review and determination on the record after opportunity for a hearing; “(iii) recapture any funds that have been disbursed; “(iv) permit the violating applicant selected to continue to participate in the program; or “(v) 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 paragraph. “(2) Civil penalties.— Whoever violates any section of this section shall be subject to the imposition of a civil penalty in a civil action brought by the United States in an appropriate district court of the United States. A civil penalty under this paragraph may not exceed— “(A) $100,000 in the case of an individual; or “(B) $1,000,000 in the case of an applicant other than an individual. “(3) Deposit of penalties in insurance funds.— Notwithstanding any other provision of law, all civil money penalties collected under this section shall be deposited in the Rural Housing Insurance Fund. “(4) Nonexclusiveness of remedies.— This subsection may not be construed to limit the applicability of any requirements, sanctions, penalties, or remedies established under any other law. The Secretary shall not be relieved of any obligation to carry out the requirements of this section because such other requirements, sanctions, penalties, or remedies apply. “(f) Limitation of Assistance.— The Secretary shall certify that assistance provided by the Secretary to any housing project shall not be more than is necessary to provide affordable housing after taking account of assistance from all Federal, State, and local sources. The Secretary shall adjust the amount of assistance provided to an applicant to compensate for any changes reported under subsection (c). “(g) Regulations.— Not less than 180 days following enactment of this Act, the Secretary shall promulgate regulations to implement this section. “(h) Definition.— For purposes of this section, the term ‘assistance’ means any housing grant, loan, guarantee, insurance, rebate, subsidy, tax credit benefit, or other form of direct or indirect assistance. “(i) Report by the Secretary.— The Secretary shall submit to the Congress, not later than 180 days following the date of enactment of this section, a report describing actions taken to carry out this section, including actions to inform and educate officers and employees of the Department of Agriculture regarding the provisions of this section.”.

2. 1990

   Cranston-Gonzalez National Affordable Housing Act

   Pub. L. 101–625 title VII § 719(a) · 104 Stat. 4079

   Inserted · 42 U.S.C. § 1490p(h)

   Pub. L. 101–625 inserted before period at end “, for the original construction or development of the project”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 101–625 inserted before period at end “, for the original construction or development of the project”.

   Enacted provision · exact public law section
   (a) Rural Housing Assistance Definition.— Section 536(h) of the Housing Act of 1949 (42 U.S.C. 1490p(h)) is amended by striking the period at the end and inserting “, for the original construction or development of the project.”.

3. 1995

   Lobbying Disclosure Act of 1995

   Pub. L. 104–65 § 11(b)(2) · 109 Stat. 691

   Struck · 42 U.S.C. § 1490p(d)

   Pub. L. 104–65 struck out subsec. (d) which related to regulation of lobbyists and consultants

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–65 struck out subsec. (d) which related to regulation of lobbyists and consultants.

   Enacted provision · exact public law section
   (2) Section 536(d) of the Housing Act of 1949 (42 U.S.C. 1490p(d)) is repealed.

   Effective date note
   Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.

3 of 3 references resolved to an enrolled provision