42 U.S.C. § 1490n — Review of rules and regulations

Page 4808 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490n 7, 1988, 102 Stat. 3273; Pub. L. 101–137, § 7(d), Nov. 3, 1989, 103 Stat. 826; Pub. L. 101–144, title II, Nov. 9, 1989, 103 Stat. 846; Pub. L. 105–362, title VII, § 701(f), Nov. 10, 1998, 112 Stat. 3287, directed Secretary of Housing and Urban Development to carry out a rural rental rehabilitation demonstration program, provided funding for program, and terminated authority for such program after Sept. 30, 1991. § 1490n. Review of rules and regulations (a) Publication for public comment in Federal Register Notwithstanding any other provision of law, no rule or regulation pursuant to this sub- chapter may become effective unless it has first been published for public comment in the Fed- eral Register for at least 60 days, and published in final form for at least 30 days. (b) Transmittal to Congressional committee members prior to publication in Federal Reg- ister The Secretary shall transmit to the chairman and ranking Member of the Committee on Bank- ing, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House, all rules and regula- tions at least 15 days before they are sent to the Federal Register for purposes of subsection (a). (c) Rules and regulations issued on emergency basis The provisions of this section shall not apply to a rule or regulation which the Secretary cer- tifies is issued on an emergency basis. (d) Regulatory authority The Secretary shall include with each rule or regulation required to be transmitted to the Committees under this section a detailed sum- mary 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. (July 15, 1949, ch. 338, title V, § 534, as added Pub. L. 98–181, title I [title V, § 523], Nov. 30, 1983, 97 Stat. 1254; amended Pub. L. 100–242, title V, § 563(b), Feb. 5, 1988, 101 Stat. 1944.) Editorial Notes AMENDMENTS 1988—Subsec. (d). Pub. L. 100–242 added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 1490o. Reciprocity in approval of housing sub- divisions among Federal agencies (a) Administrative approval of housing subdivi- sions The Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Sec- retary of Veterans Affairs shall each accept an administrative approval of any housing subdivi- sion made by any of the others so that not later than January 1, 1984, there is total reciprocity for housing subdivision approvals among the agencies which they head. (b) Certificates of reasonable value for one or more properties as constituting administra- tive approval of subdivision For purposes of complying with subsection (a), the Secretary of Housing and Urban Develop- ment shall consider the issuance by the Sec- retary of Veterans Affairs of a certificate of rea- sonable value for 1 or more properties in a sub- division to be an administrative approval for the entire subdivision. This subsection shall not apply after September 30, 1994. (c) Report to Congress Before the expiration of the period referred to in subsection (b), the Secretary of Housing and Urban Development shall report to the Congress on housing subdivision approval policies and practices, if any, of the Departments of Housing and Urban Development and Agriculture and the Department of Veterans Affairs. The report shall focus on the administration of environ- mental laws in connection with any such poli- cies and practices, and shall recommend any statutory, regulatory, and administrative changes needed to achieve total reciprocity for such housing subdivision approvals. The Sec- retary of Housing and Urban Development shall consult with the foregoing agencies, and such other agencies as the Secretary selects, in pre- paring the report. (d) Approval by local, county, or State agencies For loans made under this subchapter, the Secretary may accept subdivisions that have been approved by local, county, or State agen- cies. (July 15, 1949, ch. 338, title V, § 535, as added Pub. L. 98–181, title I [title V, § 523], Nov. 30, 1983, 97 Stat. 1254; amended Pub. L. 100–628, title X, § 1067, Nov. 7, 1988, 102 Stat. 3276; Pub. L. 101–235, title III, § 303, Dec. 15, 1989, 103 Stat. 2044; Pub. L. 101–625, title VII, § 718(a), Nov. 28, 1990, 104 Stat. 4297; Pub. L. 102–54, § 13(q)(5), June 13, 1991, 105 Stat. 280; Pub. L. 102–550, title VII, § 716(a), (c), Oct. 28, 1992, 106 Stat. 3842; Pub. L. 103–120, § 8(a), Oct. 27, 1993, 107 Stat. 1151.) Editorial Notes AMENDMENTS 1993—Subsec. (b). Pub. L. 103–120 substituted ‘‘Sep- tember 30, 1994’’ for ‘‘June 15, 1993’’. 1992—Subsec. (b). Pub. L. 102–550, § 716(a), inserted last sentence and struck out former last sentence which read as follows: ‘‘This subsection shall not apply after the expiration of the 18-month period beginning on De- cember 15, 1989.’’ Subsec. (d). Pub. L. 102–550, § 716(c), added subsec. (d). 1991—Subsecs. (a), (b). Pub. L. 102–54, § 13(q)(5)(A), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’.