42 U.S.C. § 5313 — Reporting requirements

Page 6529 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5313 tional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclu- sive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action. (4) Upon the filing of the record with the court, the jurisdiction of the court shall be ex- clusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28. (Pub. L. 93–383, title I, § 111, Aug. 22, 1974, 88 Stat. 650.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) to (c)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. § 5312. Use of grants for settlement of out- standing urban renewal loans of units of gen- eral local government (a) Limitation on amounts; prerequisites The Secretary is authorized, notwithstanding any other provision of this chapter, to apply a portion of the grants, not to exceed 20 per cen- tum thereof without the request of the recipi- ent, made or to be made under section 5303 of this title in any fiscal year pursuant to an allo- cation under section 5306 of this title to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.] being carried out within the jurisdiction of such unit of general local government if— (1) the Secretary determines, after consulta- tion with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without addi- tional capital grants, or (2) the local public agency carrying out the project submits to the Secretary an appro- priate request which is concurred in by the governing body of such unit of general local government. In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be in- curred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project. (b) Approval by Secretary of financial settlement of urban renewal project Upon application by any local public agency carrying out an urban renewal project under title I of the Housing Act of 1949 [42 U.S.C. 1450 et seq.], which application is approved by the governing body of the unit of general local gov- ernment in which the project is located, the Sec- retary may approve a financial settlement of such project if he finds that a surplus of capital grant funds after full repayment of temporary loan indebtedness will result and may authorize the unit of general local government to use such surplus funds, without deduction or offset, in ac- cordance with the provisions of this chapter. (Pub. L. 93–383, title I, § 112, Aug. 22, 1974, 88 Stat. 650; Pub. L. 97–35, title III, § 309(k), Aug. 13, 1981, 95 Stat. 397; Pub. L. 98–181, title I [title I, § 109], Nov. 30, 1983, 97 Stat. 1168; Pub. L. 98–479, title I, § 101(a)(13)(A), Oct. 17, 1984, 98 Stat. 2220.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. The Housing Act of 1949, referred to in subsecs. (a) and (b), is act July 15, 1949, ch. 338, 63 Stat. 413. Title I of the Housing Act of 1949 was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of this title, and was omitted from the Code pursuant to section 5316 of this title which terminated authority to make grants or loans under such title I after Jan. 1, 1975. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. AMENDMENTS 1984—Subsec. (c). Pub. L. 98–479 struck out subsec. (c) which related to retention of program income and pre- requisites. 1983—Subsec. (c). Pub. L. 98–181 added subsec. (c). 1981—Subsec. (a). Pub. L. 97–35 substituted ‘‘5303’’ for ‘‘5303(a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–181 applicable only to funds available for fiscal year 1984 and thereafter, see section 110(b) of Pub. L. 98–181, as amended, set out as a note under section 5316 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. § 5313. Reporting requirements (a) Not later than 180 days after the close of each fiscal year in which assistance under this chapter is furnished, the Secretary shall submit to the Congress a report which shall contain— (1) a description of the progress made in ac- complishing the objectives of this chapter; (2) a summary of the use of such funds dur- ing the preceding fiscal year; (3) with respect to the action grants author- ized under section 5318 of this title, a listing of each unit of general local government receiv- ing funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial par- ticipation by other public or private entities, Page 6530 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5313a and the impact on employment and economic activity of such projects during the previous fiscal year; and (4) a description of the activities carried out under section 5308 of this title. (b) The Secretary is authorized to require re- cipients of assistance under this chapter to sub- mit to him such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a). (Pub. L. 93–383, title I, § 113, Aug. 22, 1974, 88 Stat. 651; Pub. L. 95–128, title I, § 109, Oct. 12, 1977, 91 Stat. 1124; Pub. L. 97–35, title III, § 309(l), Aug. 13, 1981, 95 Stat. 397; Pub. L. 101–625, title IX, § 910(h), Nov. 28, 1990, 104 Stat. 4392.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. AMENDMENTS 1990—Subsec. (a)(4). Pub. L. 101–625 added par. (4). 1981—Subsec. (a)(2). Pub. L. 97–35 struck out require- ment respecting approval by the Secretary. 1977—Subsec. (a)(3). Pub. L. 95–128 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–128 effective Oct. 1, 1977, see section 114 of Pub. L. 95–128, set out as a note under section 5301 of this title. STUDY REGARDING AVAILABILITY OF HOUSING PROXIMATE TO PLACES OF EMPLOYMENT Pub. L. 101–625, title IX, § 919, Nov. 28, 1990, 104 Stat. 4401, directed Secretary of Housing and Urban Develop- ment to conduct a study regarding availability of hous- ing within reasonable proximity of places of employ- ment and to submit a report not later than expiration of 1-year period beginning on Nov. 28, 1990, to appro- priate committees of Congress containing results and conclusions of such study, as well as proposed strate- gies to increase availability of housing for low- and moderate-income families within reasonable proximity of places of employment for working members of such families to and prevent geographical divergence of such housing and places of employment. STUDY ON INVOLUNTARY HOUSING DISPLACEMENT; REPORT TO CONGRESS Pub. L. 96–399, title I, § 105(b), Oct. 8, 1980, 94 Stat. 1618, directed Secretary of Housing and Urban Develop- ment to continue study on involuntary displacement conducted under Pub. L. 95–557, title IX, § 902, Oct. 31, 1978, 92 Stat. 2125, set out below, and transmit, not later than Mar. 30, 1981, a report to Congress containing data collected since initial report submitted under such section 902, and further recommendations on mini- mizing involuntary displacement and alleviating prob- lems caused by such displacement. ADEQUACY, EFFECTIVENESS, AND EQUITY OF FORMULA FOR ALLOCATION OF FUNDS; REPORT TO CONGRESS Pub. L. 96–399, title I, § 113, Oct. 8, 1980, 94 Stat. 1622, directed Secretary of Housing and Urban Development, not later than Jan. 1, 1983, to report to Congress with respect to adequacy, effectiveness, and equity of for- mula used for allocation of funds under title I of the Housing and Community Development Act of 1974 (this chapter), with specific analysis and recommendations concerning manner in which such formula is or could be affected by data derived from 1980 decennial census. STATEMENT OF POLICY AND STUDY ON HOUSING DISPLACEMENT Pub. L. 95–557, title IX, § 902, Oct. 31, 1978, 92 Stat. 2125, declared it to be the policy of Congress that in ad- ministration of Federal housing and development pro- grams, involuntary displacement of persons from homes and neighborhoods should be minimized and in keeping with such stated policy, authorized Secretary of Housing and Urban Development to conduct a study on nature and extent of such displacement and, not later than Jan. 31, 1979, report to Congress on rec- ommendations for formulation of a national policy to minimize such displacement. STUDY ON SMALL CITIES; REPORT TO PRESIDENT AND CONGRESS; ALTERNATIVE FORMULAE Pub. L. 95–128, title I, § 113, Oct. 12, 1977, 91 Stat. 1111, directed Secretary of Housing and Urban Development to conduct a study and, not later than one year after Oct. 12, 1977, report to President and Congress rec- ommendations on formation of a national policy on de- velopmental needs of small cities and, among other things, include in such report alternative verifiable for- mulae to be used in distribution of discretionary bal- ance funds available for allocation to such small cities under this chapter. § 5313a. Duplication of benefits The Secretary shall establish procedures to prevent recipients from receiving any duplica- tion of benefits and report annually to the Com- mittees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including du- plication of benefits. (Pub. L. 110–329, div. B, title I, Sept. 30, 2008, 122 Stat. 3601; Pub. L. 113–76, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635.) Editorial Notes REFERENCES IN TEXT This heading, referred to in text, refers to the head- ings ‘‘COMMUNITY PLANNING AND DEVELOPMENT’’ and ‘‘COMMUNITY DEVELOPMENT FUND’’ of title I of div. B of Pub. L. 110–329, known as the Disaster Relief and Re- covery Supplemental Appropriations Act, 2008. CODIFICATION Section was enacted as part of the Disaster Relief and Recovery Supplemental Appropriations Act, 2008, and also as part of the Consolidated Security, Disaster As- sistance, and Continuing Appropriations Act, 2009, and not as part of title I of the Housing and Community De- velopment Act of 1974 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 110–252, title III, June 30, 2008, 122 Stat. 2353; Pub. L. 113–76, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635. Pub. L. 109–234, title II, June 15, 2006, 120 Stat. 473; Pub. L. 113–76, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635. Pub. L. 109–148, div. B, title I, Dec. 30, 2005, 119 Stat. 2781; Pub. L. 113–76, div. L, title II, § 236, Jan. 17, 2014, 128 Stat. 635.