§ 3535. Administrative provisions

Footnotes

1. 1 See References in Text note below.

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. 1965

   Department of Housing and Urban Development Act

   Pub. L. 89–174 § 7 · 79 Stat. 667

   Enacted · 42 U.S.C. § 3535

   Pub. L. 89–174, § 7, Sept. 9, 1965, 79 Stat. 669

   Source evidence

   Code source credit
   Pub. L. 89–174, § 7, Sept. 9, 1965, 79 Stat. 669

   Enacted provision · exact public law section
   Sec. 7. administrative provisions (a) The personnel employed in connection with, and the Transfer of personnel, assets, etc. assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the functions, powers, and duties transferred by section 5 of this Act are hereby transferred with such functions, powers, and duties, respectively. (b) No transfer of functions, powers, and duties shall at any time Restriction. be made within the Department in connection with the secondary market operations of the Federal National Mortgage Association unless the Secretary finds that the rights and interests of owner’s of outstanding common stock issued under the Federal National Mortgage Association Charter Act will not be adversely affected thereby. 68 Stat. 622. 12 USC 1716 note. (c) The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, as shall be necessary to carry out the provisions of this Act and to prescribe their authority and duties: Provided, That any other provision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions in level V of the Federal Executive Salary 78 Stat. 419. 5 USC 2211. Delegation of authority. Schedule provided by the Federal Executive Salary Act of 1964. (d) The Secretary may delegate any of his functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, Repeal. 68 Stat. 623. 42 USC 1451. powers, and duties. The second proviso of section 101(c) of the Housing Act of 1949 is hereby repealed. (e) The Secretary may obtain services as authorized by section 15 60 Stat. 810. 5 USC 55a. of the Act of August 2, 1946, at rates not to exceed $100 per diem for individuals. (f) The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space; central services for document reproduction and for graphics and visual aids; and a central library service. In addition to amounts appropriated to provide capital for said fund, which appropriations are hereby authorized, the fund shall be capitalized by transfer to it of such stocks of supplies and equipment on hand or on order as the Secretary shall direct. Such fund shall be reimbursed from available funds of agencies and offices in the Department for which services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and for depreciation of equipment. (g) The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal.

2. 1968

   Pub. L. 90–284 title VIII § 808(b)(2) · 82 Stat. 73

   Changed · 42 U.S.C. § 3535(c)

   Pub. L. 90–284 increased from six to seven the number of positions in the Department whose compensation may be fixed at annual rate applicable to positions in level V

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–284 increased from six to seven the number of positions in the Department whose compensation may be fixed at annual rate applicable to positions in level V.

   Enacted provision · exact public law section
   (2) striking the word “six,” in section 7 of said Act (79 Stat. 669; 5 U.S.C. 624(c)) and substituting therefor “seven.”

3. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title VIII § 807(d) · 82 Stat. 476

   Repealed · 42 U.S.C. § 3535(b)

   Pub. L. 90–448 repealed subsec. (b) which restricted transfer of functions in connection with secondary market operations of the Federal National Mortgage Association

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–448 repealed subsec. (b) which restricted transfer of functions in connection with secondary market operations of the Federal National Mortgage Association.

   Enacted provision · exact public law section
   (d) Section 7(b) of the Department of Housing and Urban Development Act is repealed.

4. 1970

   Housing and Urban Development Act of 1970

   Pub. L. 91–609 § 906 · 84 Stat. 1770

   Substituted · 42 U.S.C. § 3535(e)

   Pub. L. 91–609, § 906, substituted “for individuals not to exceed the per diem equivalent to the highest rate for grade GS–18 of the General Schedule under section 5332 of title 5” for “not to exceed $100 per diem for individuals”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 91–609, § 906, substituted “for individuals not to exceed the per diem equivalent to the highest rate for grade GS–18 of the General Schedule under section 5332 of title 5” for “not to exceed $100 per diem for individuals”.

   Enacted provision · exact public law section
   Sec. 906. increased fees for consultant services Section 7(e) of the Department of Housing and Urban Development Act is amended by striking out everything after the 79 Stat. 669. 42 USC 3535. word “rates” and inserting in lieu thereof the following: “for individuals not to exceed the per diem equivalent to the highest rate for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code.” Ante, p. 198–1.

5. 1970

   Housing and Urban Development Act of 1970

   Pub. L. 91–609 § 905 · 84 Stat. 1770

   Added · 42 U.S.C. § 3535(h)(l)

   Pub. L. 91–609, § 905, added subsecs. (h) to (l)

   Source evidence

   Code amendment note
   Subsecs. (h) to (l). Pub. L. 91–609, § 905, added subsecs. (h) to (l).

   Enacted provision · exact public law section
   Sec. 905. general administrative powers of the secretary Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following Ante, p. 1775. new subsections: “(h) Except as such authority is otherwise expressly provided in any other Act administered by the Secretary, such financial transactions of the Secretary as the making of loans or grants (and vouchers approved by the Secretary in connection with such financial transactions) shall be final and conclusive upon all officers of the Government. Funds made available to the Secretary pursuant to any provision of law for such financial transactions shall be deposited in a checking account or accounts with the Treasurer of the United States. Such funds and any receipts and assets obtained or held by the Secretary in connection with such financial transactions shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary in connection with such financial transactions. Notwithstanding the provisions of any other law, the Secretary may, with the approval of the Comptroller General, consolidate into one or more accounts for banking and checking purposes all cash obtained or held in connection with such financial transactions, including amounts appropriated, from whatever source derived. “(i) Except as such authority is otherwise expressly provided in any other Act administered by the Secretary, the Secretary is authorized to— “(1) foreclose on any property or commence any action to protect or enforce any right conferred upon him by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which he has made a loan or grant. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property: Provided, That any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property: Provided further, That section 3709 of the Revised Statutes shall not apply to any contract for services or 41 USC 5. supplies on account of any property so acquired or owned if the amount of such contract does not exceed $2,500; “(2) enter into agreements to pay annual sums in lieu of taxes to any State or local taxing authority with respect to any real property so acquired or owned: “(3) sell or exchange at public or private sale, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as he may fix; “(4) obtain insurance against loss in connection with property and other assets he] d; “(5) consent to the modification, with respect to the rate of interest, tune of payment of any installment of principal or interest, security, or any other term of any contract or agreement to which he is a party or which has been transferred to him; and “(6) include in any contract or instrument such other covenants, conditions, or provisions as he may deem necessary. “(j) Notwithstanding any other provision of law the Secretary is authorized to establish fees and charges, chargeable against program beneficiaries and project participants, which shall be adequate to cover over the long run, costs of inspection, project review and financing service, audit by Federal or federally authorized auditors, and other beneficial rights, privileges, licenses, and services. Such fees and charges heretofore or hereafter collected shall be considered nonadministrative and shall remain available for operating expenses of the Department in providing similar services on a consolidated basis. “(k) (1) The Secretary is authorized to accept and utilize voluntary and uncompensated services and accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Secretary. Property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. “(2) For the purpose of Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for use of the United States. “(3) Upon the request of the Secretary, the Secretary of the Treasury may invest and reinvest in securities of the United States or in securities guaranteed as to principal and interest by the United States any moneys contained in the fund provided for in paragraph (1). Income accruing from such securities and from any other property held by the Secretary pursuant to paragraph (1) shall be deposited to the credit of the fund and shall be disbursed upon order of the Secretary. “(l) Tire Secretary is authorized to appoint, without regard to the civil service laws, such advisory committees as shall be appropriate for the purpose of consultation with and advice to the Department in Compensation; travel expenses. performance of its functions. Members of such committees, other than those regularly employed by the Federal Government, while attending meetings of such committees or otherwise serving at the request of the Secretary, may be paid compensation at rates not exceeding those authorized for individuals under subsection (e) of this section, and while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States 80 Stat. 499; 83 Stat. 190. Code, for persons in the Government service employed intermittently.”

6. 1970

   Housing and Urban Development Act of 1970

   Pub. L. 91–609 § 120(c) · 84 Stat. 1770

   Added · 42 U.S.C. § 3535(m)

   Pub. L. 91–609, § 120(c), added subsec. (m)

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 91–609, § 120(c), added subsec. (m).

   Enacted provision · exact public law section
   (c) Section 7 of the Department of Housing and Urban Development Act (as amended by 79 Stat. 569; 82 Stat. 544. 42 USC 3535. section 905 of this Act) is amended by adding at the end thereof the following new subsection: “(m) Whenever he shall determine that, because of location or other considerations, any rental housing project assisted under title II 52 Stat. 9. 12 USC 1707. 79 Stat. 451. 12 USC 1701s. of the National Housing Act or title I of the Housing and Urban Development Act of 1965 could ordinarily be expected substantially to serve the family housing needs of lower income military personnel serving on active duty, the Secretary is authorized to provide for or approve such preference or priority of occupancy of such project by such military personnel as he shall determine is appropriate to assure that the project will serve their needs on a continuing basis not withstanding the frequency with which individual members of such personnel may be transferred or reassigned to new duty stations.”

7. 1976

   Pub. L. 94–375 § 17(d) · 90 Stat. 1067

   Substituted · 42 U.S.C. § 3535(c)

   Pub. L. 94–375, § 17(d), substituted “six” for “seven” in proviso

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–375, § 17(d), substituted “six” for “seven” in proviso.

   Enacted provision · exact public law section
   (d) Section 7(c) of the Department of Housing and Urban Development Act is amended by striking out “seven” in the proviso and 42 USC 3535. substituting in lieu thereof “six”.

8. 1976

   Pub. L. 94–375 § 21 · 90 Stat. 1067

   Added · 42 U.S.C. § 3535(n)

   Pub. L. 94–375, § 21, added subsec. (n)

   Source evidence

   Code amendment note
   Subsec. (n). Pub. L. 94–375, § 21, added subsec. (n).

   Enacted provision · exact public law section
   Sec. 21. day care Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following 42 USC 3535. new subsection: “(n) Notwithstanding any other provision of law, the Secretary is HUD employees, day care center. authorized by contract or otherwise to establish, equip and operate a day care center facility for the purpose of serving children who are members of households of employees of the Department. The Secretary is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the Department of Housing and Urban Development employees or others who are beneficiaries of services provided by such a day care center.”.

9. 1978

   Housing and Community Development Amendments of 1978

   Pub. L. 95–557 § 316 · 92 Stat. 2080

   1. Inserted · 42 U.S.C. § 3535(n)

      Pub. L. 95–557, § 316, inserted “or facilities, or to assist in establishing, equipping, and operating interagency day care facilities” after “a day care center facility”

   2. Substituted · 42 U.S.C. § 3535(n)

      Pub. L. 95–557, § 316, substituted “any such day care center” for “such a day care center”

   3. Inserted · 42 U.S.C. § 3535(n)

      Pub. L. 95–557, § 316, inserted provision relating to limited start-up costs in an amount limited to 3 per centum of the first year’s operating budget, but not to exceed $3,500

   Source evidence

   Code amendment note
   Subsec. (n). Pub. L. 95–557, § 316, inserted “or facilities, or to assist in establishing, equipping, and operating interagency day care facilities” after “a day care center facility”, substituted “any such day care center” for “such a day care center” and inserted provision relating to limited start-up costs in an amount limited to 3 per centum of the first year’s operating budget, but not to exceed $3,500.

10. 1978

    Housing and Community Development Amendments of 1978

    Pub. L. 95–557 § 324 · 92 Stat. 2080

    Added · 42 U.S.C. § 3535(o)

    Pub. L. 95–557, § 324, added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 95–557, § 324, added subsec. (o).

    Enacted provision · exact public law section
    Sec. 324. legislative review Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following 42 use 3535. new subsection: “(o) (1) Notwithstanding any other provision Rules or regulations agenda, transmittal to congressional committees. of law, the Secretary shall transmit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives an agenda of all rules or regulations which are under development or review by the Department. Such an agenda shall be transmitted to such Committees within 30 days of the date of enactment of this subsection and at least semi-annually thereafter. “(2) (A) Any rule or regulation which is on any agenda submitted under paragraph (1) may not be published for comment prior to or during the first period of 15 calendar days of continuous session of Congress which occurs after the date on which such agenda was transmitted. If within such period, either Committee notifies the Secretary Notification. in writing that it intends to review any rule or regulation or portion thereof which appears on the agenda, the Secretary shall submit to both Committees a copy of any such rule or regulation, in the form it is intended to be proposed, at least 15 calendar days of continuous session prior to its being published for comment in the Federal Register. “(B) Any rule or regulation which has not been published for comment before the date of enactment of this subsection and which does not appear on an agenda submitted under paragraph (1) shall be submitted to both such Committees at least 15 calendar days of continuous session of Congress prior to its being published for comment. “(3) No rule or regulation may become effective until after the first period of 20 calendar days of continuous session of Congress which occurs after the day on which such rule or regulation is published as final. If within such 20-day period, either Committee has reported out or been discharged from further consideration of a joint resolution of disapproval or other legislation which is intended to modify or invalidate the rule or regulation or any portion thereof, the rule or regulation or portion thereof so addressed shall not become effective for a period of 90 calendar days from the date of Committee action or discharge unless the House to which such Committee reports has rejected such resolution or legislation, in which case the rule or regulation may go into effect only after the expiration of the 20 calendar days described in the first sentence of this paragraph if the other House does not have such a resolution or legislation pending or adopted, and if the requirements of section 553 of title 5, United States Code, are met. “(4) The provisions of paragraphs (2) and (3) may be waived Waiver. upon the written request of the Secretary, if agreed to by the Chairmen and Ranking Minority Members of both Committees. “(5) Congressional inaction on any rule or regulation shall not be deemed an expression of approval of the rule or regulation involved. “(6) For purposes of this subsection— “(A) continuity of session is broken only by an adjournment of Congress sine die; “(B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of calendar days of continuous session of Congress; and “(C) the term ‘rule or regulation’ does not include “Rule or regulation.” 12 USC 1709–1. the setting of interest rates pursuant to section 3 of Public Law 90–301.”.

11. 1978

    Housing and Community Development Amendments of 1978

    Pub. L. 95–557 § 908 · 92 Stat. 2080

    Added · 42 U.S.C. § 3535(p)

    Pub. L. 95–557, § 908, added subsec. (p)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 95–557, § 908, added subsec. (p).

    Enacted provision · exact public law section
    Sec. 908. cost-benefit analysis of field reorganizations Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following: 42 USC 3535. “(p) A plan for the reorganization of any regional, area, insuring, or other field office of the Department of Housing and Urban Development may take effect only upon the expiration of 90 days after publication in the Federal Register of a cost-benefit analysis of the effect of the plan on each office involved. Such cost-benefit analysis shall include, but not be limited to— “(1) an estimate of cost savings supported by background information detailing the source and substantiating the amount of the savings; “(2) an estimate of the additional cost which will result from the reorganization; “(3) a study of the impact on the local economy; and “(4) an estimate of the effect of the reorganization on the availability, accessibility, and quality of services provided for recipients of those services. where any of the above factors cannot be quantified, the Secretary shall provide a statement on the nature and extent of those factors in the cost-benefit analysis.”.

12. 1980

    Housing and Community Development Act of 1980

    Pub. L. 96–399 title III § 334(a) · 94 Stat. 1614

    Substituted · 42 U.S.C. § 3535(o)(3)

    Pub. L. 96–399 substituted “30” for “20” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (o)(3). Pub. L. 96–399 substituted “30” for “20” wherever appearing.

    Enacted provision · exact public law section
    (a) Section 7(o)(3) of the Department of Housing and Urban Development Act is amended by striking out “20” each place it 42 USC 3535. appears and inserting in lieu thereof “30”.

    Effective date note
    Pub. L. 96–399, title III, § 334(b), Oct. 8, 1980, 94 Stat. 1653, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to rules and regulations which are published as final on or after the date of enactment of this Act [Oct. 8, 1980].”

13. 1984

    Housing and Community Development Technical Amendments Act of 1984

    Pub. L. 98–479 title I § 104(b) · 98 Stat. 2218

    Substituted · 42 U.S.C. § 3535(o)(6)(C)

    Pub. L. 98–479 substituted “section 235 or 236 of the National Housing Act” for “section 3 of Public Law 90–301”

    Source evidence

    Code amendment note
    Subsec. (o)(6)(C). Pub. L. 98–479 substituted “section 235 or 236 of the National Housing Act” for “section 3 of Public Law 90–301”.

    Enacted provision · exact public law section
    (b) Section 7(o)(6)(C) of the Department of Housing and Urban Development Act is amended by striking out “3 of Public Law 42 USC 3535. 90–301” and inserting in lieu thereof “235 or 236 of the National Housing Act”.

14. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 title V § 563(a) · 101 Stat. 1815

    Added · 42 U.S.C. § 3535(o)(7)

    Pub. L. 100–242 added par. (7)

    Source evidence

    Code amendment note
    Subsec. (o)(7). Pub. L. 100–242 added par. (7).

    Enacted provision · exact public law section
    (a) Department of Housing and Urban Development.— Section 42 USC 3535. 7(o) of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following new paragraph: “(7) The Secretary shall include with each rule or regulation required to be transmitted to the Committees under this subsection a detailed summary of all changes required by the Office of Management and Budget that prohibit, modify, postpone, or disapprove such rule or regulation in whole or part.”.

15. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 141 · 103 Stat. 1987

    Inserted · 42 U.S.C. § 3535(e)

    Pub. L. 101–235, § 141, inserted at end “The Secretary is authorized to enter into contracts with private companies for the provision of such managerial support to the Federal Housing Administration as the Secretary determines to be appropriate, including but not limited to the management of insurance risk and the improvement of the delivery of mortgage insurance.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–235, § 141, inserted at end “The Secretary is authorized to enter into contracts with private companies for the provision of such managerial support to the Federal Housing Administration as the Secretary determines to be appropriate, including but not limited to the management of insurance risk and the improvement of the delivery of mortgage insurance.”

    Enacted provision · exact public law section
    SEC. 141. CONTRACTING FOR FINANCIAL MANAGEMENT SUPPORT. Section 7(e) of the Department of Housing and Urban Development 42 USC 3535. Act is amended by adding at the end thereof the following: “The Secretary is authorized to enter into contracts with private companies for the provision of such managerial support to the Federal Housing Administration as the Secretary determines to be appropriate, including but not limited to the management of insurance risk and the improvement of the delivery of mortgage insurance.”.

16. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(1) · 103 Stat. 1987

    1. Substituted · 42 U.S.C. § 3535(o)(2)(A)

       Pub. L. 101–235, § 123(1), substituted “15-calendar day period beginning on the day” for “first period of 15 calendar days of continuous session of Congress which occurs”

    2. Struck · 42 U.S.C. § 3535(o)(2)(A)

       Pub. L. 101–235, § 123(1), struck out “of continuous session” before “prior to its being published”

    Source evidence

    Code amendment note
    Subsec. (o)(2)(A). Pub. L. 101–235, § 123(1), substituted “15-calendar day period beginning on the day” for “first period of 15 calendar days of continuous session of Congress which occurs” and struck out “of continuous session” before “prior to its being published”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(A)— (A) by striking “first period of 15 calendar days of continuous session of Congress which occurs” in the first sentence and inserting “15-calendar day period beginning on the day”; and (B) by striking “of continuous session” in the second sentence;

17. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(2) · 103 Stat. 1987

    Struck · 42 U.S.C. § 3535(o)(2)(B)

    Pub. L. 101–235, § 123(2), struck out “of continuous session of Congress” before “prior to its being published”

    Source evidence

    Code amendment note
    Subsec. (o)(2)(B). Pub. L. 101–235, § 123(2), struck out “of continuous session of Congress” before “prior to its being published”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(B), by striking “of continuous session of Congress”;

18. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(3)(A) · 103 Stat. 1987

    Substituted · 42 U.S.C. § 3535(o)(3)

    Pub. L. 101–235, § 123(3)(A), substituted “expiration of the 30-calendar day period beginning on the day” for “first period of 30 calendar days of continuous session of Congress which occurs”

    Source evidence

    Code amendment note
    Subsec. (o)(3). Pub. L. 101–235, § 123(3)(A), substituted “expiration of the 30-calendar day period beginning on the day” for “first period of 30 calendar days of continuous session of Congress which occurs”.

    Enacted provision · exact public law section
    (A) by striking “first period of 30 calendar days of continuous session of Congress which occurs” in the first sentence and inserting “expiration of the 30-calendar day period beginning on the day”; and

19. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(3)(B) · 103 Stat. 1987

    Substituted · 42 U.S.C. § 3535(o)(3)

    Pub. L. 101–235, § 123(3)(B), substituted “Any regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days.” for “If within such 30-day period, either Committee has reported out or been discharged from further consideration of a joint resolution of disapproval or other legislation which is intended to modify or invalidate the rule or regulation or any portion thereof, the rule or regulation or portion thereof so addressed shall not become effective for a period of 90 calendar days from the date of Committee action or discharge unless the House to which such Committee reports has rejected such resolution or legislation, in which case the rule or regulation may go into effect only after the expiration of the 30 calendar days described in the first sentence of this paragraph if the other House does not have such a resolution or legislation pending or adopted, and if the requirements of section 553 of title 5 are met.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–235, § 123(3)(B), substituted “Any regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days.” for “If within such 30-day period, either Committee has reported out or been discharged from further consideration of a joint resolution of disapproval or other legislation which is intended to modify or invalidate the rule or regulation or any portion thereof, the rule or regulation or portion thereof so addressed shall not become effective for a period of 90 calendar days from the date of Committee action or discharge unless the House to which such Committee reports has rejected such resolution or legislation, in which case the rule or regulation may go into effect only after the expiration of the 30 calendar days described in the first sentence of this paragraph if the other House does not have such a resolution or legislation pending or adopted, and if the requirements of section 553 of title 5 are met.”

    Enacted provision · exact public law section
    (B) by striking all that follows the period at the end of the first sentence and inserting the following: “Any regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days.”; and

20. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(4) · 103 Stat. 1987

    Struck · 42 U.S.C. § 3535(o)(5)

    Pub. L. 101–235, § 123(4), struck out par. (5) which read as follows: “Congressional inaction on any rule or regulation shall not be deemed an expression of approval of the rule or regulation involved.”

    Source evidence

    Code amendment note
    Subsec. (o)(5). Pub. L. 101–235, § 123(4), struck out par. (5) which read as follows: “Congressional inaction on any rule or regulation shall not be deemed an expression of approval of the rule or regulation involved.”

    Enacted provision · exact public law section
    (4) by striking paragraphs (5) and (6).

21. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 123(4) · 103 Stat. 1987

    Struck · 42 U.S.C. § 3535(o)(6)

    Pub. L. 101–235, § 123(4), struck out par. (6) which read as follows: “For purposes of this subsection—

    Source evidence

    Code amendment note
    Subsec. (o)(6). Pub. L. 101–235, § 123(4), struck out par. (6) which read as follows: “For purposes of this subsection—

    “(A) continuity of session is broken only by an adjournment of Congress sine die; “(B) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of calendar days of continuous session of Congress; and “(C) the term ‘rule or regulation’ does not include the setting of interest rates pursuant to section 235 or 236 of the National Housing Act.”

    Enacted provision · exact public law section
    (4) by striking paragraphs (5) and (6).

22. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 106 · 103 Stat. 1987

    Added · 42 U.S.C. § 3535(q)

    Pub. L. 101–235, § 106, added subsec. (q)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 101–235, § 106, added subsec. (q).

    Enacted provision · exact public law section
    SEC. 106. WAIVER OF REGULATION REQUIREMENTS AND HANDBOOK PROVISIONS. Section 7 of the Department of Housing and Urban Development 42 USC 3535. Act is amended by adding at the end the following new subsection: “(q) (1) Any waiver of regulations of the Department shall be in writing and shall specify the grounds for approving the waiver. “(2) The Secretary may delegate authority to approve a waiver of a regulation only to an individual of Assistant Secretary rank or equivalent rank, who is authorized to issue the regulation to be waived. “(3) The Secretary shall notify the public of all waivers of regulations approved by the Department. The notification shall be included in a notice in the Federal Register published not less than quarterly. Each notification shall cover the period beginning on the day after the last date covered by the prior notification, and shall— “(A) identify the project, activity, or undertaking involved; “(B) describe the nature of the requirement that has been waived and specify the provision involved; “(C) specify the name and title of the official who granted the waiver request; “(D) include a brief description of the grounds for approval of the waiver; and “(E) state how more information about the waiver and a copy of the request and the approval may be obtained. “(4) Any waiver of a provision of a handbook of the Department shall— “(A) be in writing; “(B) specify the grounds for approving the waiver; and “(C) be maintained in indexed form and made available for public inspection for not less than the 3-year period beginning on the date of the waiver.”.

23. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 124 · 103 Stat. 1987

    Added · 42 U.S.C. § 3535(r)

    Pub. L. 101–235, § 124, added subsec. (r)

    Source evidence

    Code amendment note
    Subsec. (r). Pub. L. 101–235, § 124, added subsec. (r).

    Enacted provision · exact public law section
    SEC. 124. FUNDING FOR PROGRAM EVALUATION AND MONITORING. Section 7 of the Department of Housing and Urban Development Act, as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: “(r) (1) For the programs listed in paragraph (2), amounts appropriated under this subsection shall be available to the Secretary for evaluating and monitoring of all such programs (including all aspects of the public housing and section 202 programs). The Secretary shall expend amounts made available under this subsection in accordance with the need and complexity of evaluating and monitoring each such program. “(2) The programs subject to this subsection shall be the programs authorized under— “(A) titles I and II of the United States Housing Act of 1937; “(B) section 202 of the Housing Act of 1959; “(C) section 106 of the Housing and Urban Development Act of 1968; “(D) the Fair Housing Act; “(E) title I and section 810 of the Housing and Community Development Act of 1974; “(F) section 201 of the Housing and Community Development Amendments of 1978; “(G) the Congregate Housing Services Act of 1978; “(H) section 222 of the Housing and Urban-Rural Recovery Act of 1983; “(I) section 561 of the Housing and Community Development Act of 1987; and “(J) title IV of the Stewart B. McKinney Homeless Assistance Act. “(3) In conducting evaluations and monitoring pursuant to the authority under this subsection, the Secretary shall determine any need for additional staff and funding relating to evaluating and monitoring the programs under paragraph (2). “(4) (A) The Secretary may provide for evaluation and monitoring under this subsection directly or by grants, contracts, or interagency agreements. Not more than 50 percent of the amounts made available under paragraph (1) may be used for grants, contracts, or interagency agreements. “(B) Any amounts not used for grants, contracts, or interagency agreements under subparagraph (A) shall be used in a manner that increases and strengthens the ability of the Department to monitor and evaluate the programs under paragraph (2) through officers and employees of the Department. “(5) Not later than December 31 of each year, the Secretary shall submit to the Congress a report regarding the use of amounts made available under this subsection during the fiscal vear ending on September 30 of that year, including an analysis of the ability of the Department to monitor and evaluate the programs under paragraph (2) and a statement of any needs determined under paragraph (3). “(6) There is authorized to be appropriated to carry out this subsection $25,000,000 for fiscal year 1991. Such amounts shall remain available until expended.”.

24. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 954(a)(1) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 3535(r)(1)

    Pub. L. 101–625, § 954(a)(1), inserted “and collecting and maintaining data for such purposes” before periods at end of first and last sentences

    Source evidence

    Code amendment note
    Subsec. (r)(1). Pub. L. 101–625, § 954(a)(1), inserted “and collecting and maintaining data for such purposes” before periods at end of first and last sentences.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking the periods at the end of the first and last sentences and inserting in each place the following: “and collecting and maintaining data for such purposes.”;

25. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 954(a)(2) · 104 Stat. 4079

    Added · 42 U.S.C. § 3535(r)(2)(K)

    Pub. L. 101–625, § 954(a)(2), added subpar. (K)

    Source evidence

    Code amendment note
    Subsec. (r)(2)(K). Pub. L. 101–625, § 954(a)(2), added subpar. (K).

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) in subparagraph (D, by striking “and” at the end; (B) in subparagraph (J), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(K) titles II, HI, and IV and section 811 of the Cranston-Gonzalez National Affordable Housing Act.”;

26. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 954(a)(3) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 3535(r)(3)

    Pub. L. 101–625, § 954(a)(3), inserted “and collecting and maintaining data pursuant to the authority under this subsection,” after comma and “and collecting and maintaining data for such purposes” before period at end

    Source evidence

    Code amendment note
    Subsec. (r)(3). Pub. L. 101–625, § 954(a)(3), inserted “and collecting and maintaining data pursuant to the authority under this subsection,” after comma and “and collecting and maintaining data for such purposes” before period at end.

    Enacted provision · exact public law section
    (3) in paragraph (3)— (A) by inserting after the comma the following: “and collecting and maintaining data pursuant to the authority under this subsection,”; and (B) by striking the period at the end and inserting the following: “and collecting and maintaining data for such purposes.”; and

27. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 954(a)(4)(A) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 3535(r)(4)(A)

    Pub. L. 101–625, § 954(a)(4)(A), inserted “and collecting and maintaining data for such purposes” after “subsection”

    Source evidence

    Code amendment note
    Subsec. (r)(4)(A). Pub. L. 101–625, § 954(a)(4)(A), inserted “and collecting and maintaining data for such purposes” after “subsection”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by inserting after “subsection” the following: “and collecting and maintaining data for such purposes”; and

28. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 954(a)(4)(B) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 3535(r)(4)(B)

    Pub. L. 101–625, § 954(a)(4)(B), inserted “and to collect and maintain data for such purposes” after “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (r)(4)(B). Pub. L. 101–625, § 954(a)(4)(B), inserted “and to collect and maintain data for such purposes” after “paragraph (2)”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by inserting after “paragraph (2)” the following: “and to collect and maintain data for such purposes”.

29. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 902(b)(1) · 106 Stat. 3672

    Inserted · 42 U.S.C. § 3535(i)(5)

    Pub. L. 102–550, § 902(b)(1), inserted before semicolon “; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a comparable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (i)(5). Pub. L. 102–550, § 902(b)(1), inserted before semicolon “; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a comparable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary”.

    Enacted provision · exact public law section
    (1) in paragraph (5), by inserting before the semicolon the following: “; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the avail-ability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a com-parable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary”; and

30. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 902(b)(2) · 106 Stat. 3672

    Inserted · 42 U.S.C. § 3535(i)(6)

    Pub. L. 102–550, § 902(b)(2), inserted before period “, including any provisions relating to the authority or requirements under paragraph (5)”

    Source evidence

    Code amendment note
    Subsec. (i)(6). Pub. L. 102–550, § 902(b)(2), inserted before period “, including any provisions relating to the authority or requirements under paragraph (5)”.

    Enacted provision · exact public law section
    (2) in paragraph (6), by inserting before the period the following: “, including any provisions relating to the authority or requirements under paragraph (5)”.

31. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 902(c) · 106 Stat. 3672

    Amended · 42 U.S.C. § 3535(r)(6)

    Pub. L. 102–550, § 902(c), amended first sentence generally. Prior to amendment, first sentence read as follows: “There is authorized to be appropriated to carry out this subsection $25,000,000 for fiscal year 1991.”

    Source evidence

    Code amendment note
    Subsec. (r)(6). Pub. L. 102–550, § 902(c), amended first sentence generally. Prior to amendment, first sentence read as follows: “There is authorized to be appropriated to carry out this subsection $25,000,000 for fiscal year 1991.”

    Enacted provision · exact public law section
    (c) Program Monitoring and Evaluation.— The first sentence Appropriation authorization. of section 7(r)(6) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(r)(6)) is amended to read as follows: “There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1993 and fiscal year 1994.”.

32. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 929 · 106 Stat. 3672

    Added · 42 U.S.C. § 3535(s)

    Pub. L. 102–550, § 929, added subsec. (s)

    Source evidence

    Code amendment note
    Subsec. (s). Pub. L. 102–550, § 929, added subsec. (s).

    Enacted provision · exact public law section
    SEC. 929. SALARIES AND EXPENSES. Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by inserting at the end the following new subsection: “(a) (1) Notwithstanding any other provision of law, there is Appropriation authorization. authorized to be appropriated for salaries and expenses to carry out the purposes of this section $988,000,000 for fiscal year 1993 and $1,029,496,000 for fiscal year 1994. “(2) Of the amounts authorized to be appropriated by this section, $96,000,000 shall be available for each of the fiscal years 1993 and 1994, which amounts shall be used to provide staff in regional, field, or zone offices of the Department of Housing and Urban Development to review, process, approve, and service applications for mortgage insurance under title II of the National Housing Act for housing consisting of 5 or more dwelling units. “(3) Of the amounts authorized to be appropriated to carry out this section, not less than $5,006,000 of such amount shall be available for each fiscal year exclusively for the purposes of providing ongoing training and capacity building for Department personnel.”.

33. 1994

    Multifamily Housing Property Disposition Reform Act of 1994

    Pub. L. 103–233 title I § 104 · 108 Stat. 342

    Struck · 42 U.S.C. § 3535(i)(5)

    Pub. L. 103–233 struck out before last semicolon “; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a comparable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary”

    Source evidence

    Code amendment note
    Subsec. (i)(5). Pub. L. 103–233 struck out before last semicolon “; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a comparable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary”.

    Enacted provision · exact public law section
    SEC. 104. INTEREST RATES ON ASSIGNED MORTGAGES. Section 7(i)(5) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)(5)) is amended by striking the first semicolon, and all that follows through “as determined by the Secretary”.

34. 1998

    Federal Reports Elimination Act of 1998

    Pub. L. 105–362 title VII § 701(a) · 112 Stat. 3280

    1. Redesignated · 42 U.S.C. § 3535(r)(5); 42 U.S.C. § 3535(r)(6)

       Pub. L. 105–362 redesignated par. (6) as (5)

    2. Struck · 42 U.S.C. § 3535(r)(5); 42 U.S.C. § 3535(r)(6)

       Pub. L. 105–362 struck out former par. (5) which read as follows: “Not later than December 31 of each year, the Secretary shall submit to the Congress a report regarding the use of amounts made available under this subsection during the fiscal year ending on September 30 of that year, including an analysis of the ability of the Department to monitor and evaluate the programs under paragraph (2) and a statement of any needs determined under paragraph (3).”

    Source evidence

    Code amendment note
    Subsec. (r)(5), (6). Pub. L. 105–362 redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “Not later than December 31 of each year, the Secretary shall submit to the Congress a report regarding the use of amounts made available under this subsection during the fiscal year ending on September 30 of that year, including an analysis of the ability of the Department to monitor and evaluate the programs under paragraph (2) and a statement of any needs determined under paragraph (3).”

    Enacted provision · exact public law section
    (a) Funding Relating to Evaluating and Monitoring Programs.— Section 7(r) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(r)) is amended— (1) by striking paragraph (5); and (2) by redesignating paragraph (6) as paragraph (5).

35. 2000

    Pub. L. 106–400 § 2 · 114 Stat. 1675

    Substituted · 42 U.S.C. § 3535(r)(2)(J)

    Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”

    Source evidence

    Code amendment note
    Subsec. (r)(2)(J). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.

    Enacted provision · exact public law section
    SEC. 2. REFERENCES. Any reference in any law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the “McKinney-Vento Homeless Assistance Act”.

36. 2003

    Living Equitably: Grandparents Aiding Children and Youth Act of 2003

    Pub. L. 108–186 title II § 204 · 117 Stat. 2685

    Added · 42 U.S.C. § 3535(t)

    Pub. L. 108–186 added subsec. (t)

    Source evidence

    Code amendment note
    Subsec. (t). Pub. L. 108–186 added subsec. (t).

    Enacted provision · exact public law section
    SEC. 204. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES.   Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following: “(t) Training Regarding Issues Relating to Grandparent-Headed and Relative-Headed Families.— The Secretary shall ensure that all personnel employed in field offices of the Department who have responsibilities for administering the housing assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), and an appropriate number of personnel in the headquarters office of the Department who have responsibilities for those programs, have received adequate training regarding how covered families (as that term is defined in section 202 of the LEGACY Act of 2003) can be served by existing affordable housing programs.” .

37. 2026

    Pub. L. 119–101 title VII § 701 · 140 Stat. 955

    Added · 42 U.S.C. § 3535(u)

    Pub. L. 119–101 added subsec. (u)

    Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (u). Pub. L. 119–101 added subsec. (u).

37 of 41 references resolved to an enrolled provision · 3 partial · 1 unresolved