42 U.S.C. § 1490o — Reciprocity in approval of housing sub-

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’’. Page 4809 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1490p Subsec. (c). Pub. L. 102–54, § 13(q)(5)(B), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1990—Subsec. (b). Pub. L. 101–625 substituted ‘‘18- month period’’ for ‘‘6-month period’’. 1989—Subsec. (b). Pub. L. 101–235 substituted ‘‘6- month period beginning on December 15, 1989’’ for ‘‘1- year period beginning on November 7, 1988’’. 1988—Pub. L. 100–628 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries RETROACTIVITY OF APPROVAL OF HOUSING SUBDIVISIONS AMONG FEDERAL AGENCIES Pub. L. 103–120, § 8(b), Oct. 27, 1993, 107 Stat. 1151, pro- vided that: ‘‘An administrative approval of a housing subdivision made after June 15, 1993, and before the date of the enactment of this Act [Oct. 27, 1993] is ap- proved and shall be considered to have been lawfully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].’’ Pub. L. 102–550, title VII, § 716(b), Oct. 28, 1992, 106 Stat. 3842, provided that: ‘‘Any administrative approval of any housing subdivision made after the expiration of the 18-month period beginning on the date of the enact- ment of the Department of Housing and Urban Develop- ment Reform Act of 1989 [Dec. 15, 1989] and before the date of the enactment of this Act [Oct. 28, 1992] is ap- proved and shall be considered to have been lawfully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].’’ Pub. L. 101–625, title VII, § 718(b), Nov. 28, 1990, 104 Stat. 4297, provided that: ‘‘Any administrative approval of any housing subdivision made after the expiration of the 6-month period beginning on the date of the enact- ment of the Department of Housing and Urban Develop- ment Reform Act of 1989 [Dec. 15, 1989] and before the date of the enactment of this Act [Nov. 28, 1990] is here- by approved and shall be considered to have been law- fully made, but only if otherwise made in accordance with the provisions of section 535(b) of the Housing Act of 1949 [42 U.S.C. 1490o(b)].’’ § 1490p. Accountability (a) Notice regarding assistance (1) Publication of notice of availability The Secretary shall publish in the Federal Register notice of the availability of any as- sistance under any program or discretionary fund administered by the Secretary under this subchapter. (2) Publication of application procedures The Secretary shall publish in the Federal Register a description of the form and proce- dures 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 el- igible 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 ad- ministered by the Secretary must be sub- mitted, the Secretary shall publish in the Fed- eral Register the criteria by which selection for the assistance will be made. Such criteria shall include any objective measures of hous- ing need, project merit, or efficient use of re- sources that the Secretary determines are ap- propriate and consistent with the statute under which the assistance is made available. (4) Documentation of decisions (A) The Secretary shall award or allocate as- sistance only in response to a written applica- tion in a form approved in advance by the Sec- retary, except where other award or allocation procedures are specified in statute. (B) The Secretary shall ensure that docu- mentation and other information regarding each application for assistance is sufficient to indicate the basis on which any award or allo- cation was made or denied. The preceding sen- tence shall apply to— (i) any application for an award or alloca- tion 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 ap- plication and 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, begin- ning 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 ade- quate response to an emergency. Not less than 30 days after providing a waiver under the pre- ceding 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 subchapter submitted by any applicant who has received or, in the deter- mination of the Secretary, can reasonably be ex- pected to receive assistance under this sub- chapter 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 assist- ance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is ex- pected to be made available with respect to the project or activities for which the appli- cant is seeking assistance under this sub- chapter. Such related assistance shall include but not be limited to any loan, grant, guar- antee, 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 per- son 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