42 U.S.C. § 3535 — Administrative provisions

Page 5925 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 § 3535. Administrative provisions (a) Transfer of personnel, assets, etc. The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropria- tions, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the func- tions, powers, and duties transferred by section 3534 of this title are hereby transferred with such functions, powers, and duties, respectively. (b) Repealed. Pub. L. 90–448, title VIII, § 807(d), Aug. 1, 1968, 82 Stat. 544 (c) Employment, compensation, authority, and duties of personnel 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 attor- neys, as shall be necessary to carry out the pro- visions of this chapter and to prescribe their au- thority and duties: Provided, That any other pro- vision 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 Executive Schedule provided by sub- chapter II of chapter 53 of title 5. (d) Delegation of authority; rules and regulations The Secretary may delegate any of his func- tions, powers, and duties to such officers and employees of the Department as he may des- ignate, may authorize such successive redelega- tions 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, powers, and duties. (e) Temporary employment of experts or consult- ants; compensation The Secretary may obtain services as author- ized by section 3109 of title 5, at rates for indi- viduals 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. The Sec- retary is authorized to enter into contracts with private companies for the provision of such managerial support to the Federal Housing Ad- ministration as the Secretary determines to be appropriate, including but not limited to the management of insurance risk and the improve- ment of the delivery of mortgage insurance. (f) Working capital fund; establishment; uses; ap- propriations; capitalization; reimbursement 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 de- sirable 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 li- brary service. In addition to amounts appro- priated to provide capital for said fund, which appropriations are hereby authorized, the fund shall be capitalized by transfer to it of such stock 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, includ- ing reserves for accrued annual leave and for de- preciation of equipment. (g) Seal 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. (h) Financial transactions, finality; checking ac- counts for funds in Treasury; availability of funds for administrative expenses; consolida- tion of cash for banking and checking pur- poses Except as such authority is otherwise ex- pressly 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 con- nection with such financial transactions) shall be final and conclusive upon all officers of the Government. Funds made available to the Sec- retary pursuant to any provision of law for such financial transactions shall be deposited in a checking account or accounts with the Treasury of the United States. Such funds and any re- ceipts and assets obtained or held by the Sec- retary in connection with such financial trans- actions shall be available, in such amounts as may from year to year be authorized by the Con- gress, 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 ap- proval 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, in- cluding amounts appropriated, from whatever source derived. (i) Foreclosure of property; actions for protec- tion and enforcement of rights; purchase of property; dealing with property after such acquisition; deprivation of State court civil and criminal jurisdiction; impairment of civil rights under State laws; application of sec- tion 6101 of title 41; annual payments in lieu of local property taxes; sale and exchanges of property; insurance; modification of interest, time for installment payment, and other terms; other covenants, conditions, and pro- visions Except as such authority is otherwise ex- pressly 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 con- ferred upon him by any law, contract, or other agreement, and bid for and purchase at any Page 5926 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 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 de- prive any State or political subdivision there- of of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhab- itants on such property: Provided further, That section 6101 of title 41 shall not apply to any contract for services or 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 tax- ing authority with respect to any real prop- erty 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 connec- tion with property and other assets held; (5) consent to the modification, with respect to the rate of interest, time of payment of any installment of principal or interest, security, or any other term of any contract or agree- ment 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 provi- sions as he may deem necessary, including any provisions relating to the authority or re- quirements under paragraph (5). (j) Fees and charges Notwithstanding any other provision of law the Secretary is authorized to establish fees and charges, chargeable against program bene- ficiaries and project participants, which shall be adequate to cover over the long run, costs of in- spection, project review and financing service, audit by Federal or federally authorized audi- tors, and other beneficial rights, privileges, li- censes, and services. Such fees and charges here- tofore or hereafter collected shall be considered nonadministrative and shall remain available for operating expenses of the Department in pro- viding similar services on a consolidated basis. (k) Gifts and services, acceptance; taxable status of property; investments; disbursements (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 re- ceived as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be dis- bursed upon order of the Secretary. Property ac- cepted pursuant to this paragraph, and the pro- ceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or be- quest. (2) For the purpose of Federal income, estate, and gift taxes, property accepted under para- graph (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 Sec- retary of the Treasury may invest and reinvest in securities of the United States or in securi- ties guaranteed as to principal and interest by the United States any moneys contained in the fund provided for in paragraph (1). Income ac- cruing 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) Consultants; appointment of advisory commit- tees; compensation and travel expenses The Secretary is authorized to appoint, with- out regard to the civil service laws, such advi- sory committees as shall be appropriate for the purpose of consultation with and advice to the Department in 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 Sec- retary, may be paid compensation at rates not exceeding those authorized for individuals under subsection (e) of this section, and while so serv- ing away from their homes or regular places of business, may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for persons in the Government service employed intermit- tently. (m) Occupancy preference in rental housing for military personnel Whenever he shall determine that, because of location, or other considerations, any rental housing project assisted under title II of the Na- tional Housing Act [12 U.S.C. 1707 et seq.] or title I of the Housing and Urban Development Act of 1965 could ordinarily be expected substan- tially 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 occu- pancy of such project by such military personnel as he shall determine is appropriate to assure that the project will serve their needs on a con- tinuing basis notwithstanding the frequency with which individual members of such per- sonnel may be transferred or reassigned to new duty stations. (n) Day care center for children of employees of Department; establishment; fees and charges Notwithstanding any other provision of law, the Secretary is authorized by contract or oth- erwise to establish, equip, and operate a day care center facility or facilities, or to assist in establishing, equipping, and operating inter- agency day care facilities 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 es- tablishment of appropriate fees and charges to be chargeable against the Department of Hous- ing and Urban Development employees or others who are beneficiaries of services provided by any Page 5927 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 such day care center. In addition, limited start- up costs may be provided by the Secretary in an amount limited to 3 per centum of the first year’s operating budget, but not to exceed $3,500. (o) Agenda of rules or regulations under develop- ment or review; transmittal to Congress (1) Notwithstanding any other provision of law, the Secretary shall transmit to the Com- mittee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Rep- resentatives an agenda of all rules or regula- tions which are under development or review by the Department. Such an agenda shall be trans- mitted to such Committees within 30 days of Oc- tober 31, 1978, and at least semi-annually there- after. (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 15-calendar day period beginning on the day after the date on which such agenda was trans- mitted. If within such period, either Committee notifies the Secretary in writing that it intends to review any rule or regulation or portion thereof which appears on the agenda, the Sec- retary 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 prior to its being published for comment in the Federal Register. (B) Any rule or regulation which has not been published for comment before October 31, 1978, and which does not appear on an agenda sub- mitted under paragraph (1) shall be submitted to both such Committees at least 15 calendar days prior to its being published for comment. (3) No rule or regulation may become effective until after the expiration of the 30-calendar day period beginning on the day after the day on which such rule or regulation is published as final. Any regulation implementing any provi- sion 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. (4) The provisions of paragraphs (2) and (3) may be waived upon the written request of the Secretary, if agreed to by the Chairmen and Ranking Minority Members of both Committees. (5), (6) Repealed. Pub. L. 101–235, title I, § 123(4), Dec. 15, 1989, 103 Stat. 2021. (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. (p) Cost-benefit analysis of field reorganizations; requirements, contents, etc. A plan for the reorganization of any regional, area, insuring, or other field office of the De- partment 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 anal- ysis 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 econ- omy; and (4) an estimate of the effect of the reorga- nization on the availability, accessibility, and quality of services provided for recipients of those services, where any of the above factors cannot be quan- tified, the Secretary shall provide a statement on the nature and extent of those factors in the cost-benefit analysis. (q) Waiver of regulations (1) Any waiver of regulations of the Depart- ment 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 indi- vidual 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 Depart- ment. The notification shall be included in a no- tice 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 under- taking 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 ap- proval 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. (r) Program evaluation and monitoring (1) For the programs listed in paragraph (2), amounts appropriated under this subsection shall be available to the Secretary for evalu- ating and monitoring of all such programs (in- cluding all aspects of the public housing and sec- tion 202 programs) and collecting and maintain- ing data for such purposes. The Secretary shall expend amounts made available under this sub- section in accordance with the need and com- plexity of evaluating and monitoring each such program and collecting and maintaining data for such purposes. (2) The programs subject to this subsection shall be the programs authorized under— Page 5928 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 1 See References in Text note below. (A) titles I [42 U.S.C. 1437 et seq.] and II 1 of the United States Housing Act of 1937; (B) section 202 of the Housing Act of 1959 [12 U.S.C. 1701q]; (C) section 106 of the Housing and Urban De- velopment Act of 1968 [12 U.S.C. 1701x]; (D) the Fair Housing Act [42 U.S.C. 3601 et seq.]; (E) title I [42 U.S.C. 5301 et seq.] and section 810 1 of the Housing and Community Develop- ment Act of 1974; (F) section 201 of the Housing and Commu- nity Development Amendments of 1978 [12 U.S.C. 1715z–1a]; (G) the Congregate Housing Services Act of 1978 [42 U.S.C. 8001 et seq.]; (H) section 222 of the Housing and Urban- Rural Recovery Act of 1983; (I) section 3616a of this title; (J) title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.]; and (K) titles II [42 U.S.C. 12721 et seq.], III, and IV and section 811 [42 U.S.C. 8013] of the Cran- ston-Gonzalez National Affordable Housing Act. (3) In conducting evaluations and monitoring pursuant to the authority under this subsection, and collecting and maintaining data pursuant to the authority under this subsection, the Sec- retary shall determine any need for additional staff and funding relating to evaluating and monitoring the programs under paragraph (2) and collecting and maintaining data for such purposes. (4)(A) The Secretary may provide for evalua- tion and monitoring under this subsection and collecting and maintaining data for such pur- poses directly or by grants, contracts, or inter- agency agreements. Not more than 50 percent of the amounts made available under paragraph (1) may be used for grants, contracts, or inter- agency agreements. (B) Any amounts not used for grants, con- tracts, or interagency agreements under sub- paragraph (A) shall be used in a manner that in- creases and strengthens the ability of the De- partment to monitor and evaluate the programs under paragraph (2) and to collect and maintain data for such purposes through officers and em- ployees of the Department. (5) 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. Such amounts shall remain available until expended. (s) Authorization of appropriations; allocations for staff and training (1) Notwithstanding any other provision of law, there is 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 appro- priated by this section, $96,000,000 shall be avail- able 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 Na- tional Housing Act [12 U.S.C. 1707 et seq.] for housing consisting of 5 or more dwelling units. (3) Of the amounts authorized to be appro- priated to carry out this section, not less than $5,000,000 of such amount shall be available for each fiscal year exclusively for the purposes of providing ongoing training and capacity build- ing for Department personnel. (t) Training regarding issues relating to grand- parent-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 hous- ing 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 sec- tion 202 of the LEGACY Act of 2003) can be served by existing affordable housing programs. (Pub. L. 89–174, § 7, Sept. 9, 1965, 79 Stat. 669; Pub. L. 90–284, title VIII, § 808(b)(2), Apr. 11, 1968, 82 Stat. 84; Pub. L. 90–448, title VIII, § 807(d), Aug. 1, 1968, 82 Stat. 544; Pub. L. 91–609, title I, § 120(c), title IX, §§ 905, 906, Dec. 31, 1970, 84 Stat. 1775, 1809, 1811; Pub. L. 94–375, §§ 17(d), 21, Aug. 3, 1976, 90 Stat. 1077; Pub. L. 95–557, title III, §§ 316, 324, title IX, § 908, Oct. 31, 1978, 92 Stat. 2099, 2103, 2129; Pub. L. 96–399, title III, § 334(a), Oct. 8, 1980, 94 Stat. 1653; Pub. L. 98–479, title I, § 104(b), Oct. 17, 1984, 98 Stat. 2225; Pub. L. 100–242, title V, § 563(a), Feb. 5, 1988, 101 Stat. 1944; Pub. L. 101–235, title I, §§ 106, 123, 124, 141, Dec. 15, 1989, 103 Stat. 2000, 2021, 2022, 2030; Pub. L. 101–625, title IX, § 954(a), Nov. 28, 1990, 104 Stat. 4420; Pub. L. 102–550, title IX, §§ 902(b), (c), 929, Oct. 28, 1992, 106 Stat. 3867, 3887; Pub. L. 103–233, title I, § 104, Apr. 11, 1994, 108 Stat. 363; Pub. L. 105–362, title VII, § 701(a), Nov. 10, 1998, 112 Stat. 3287; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 108–186, title II, § 204, Dec. 16, 2003, 117 Stat. 2691.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 89–174, Sept. 9, 1965, 79 Stat. 667, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of this title and Tables. For establishment of the working capital fund, re- ferred to in subsec. (f), see section 3535a of this title. The National Housing Act, referred to in subsecs. (m) and (s)(2), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. Title II of the Act is classified principally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12. For complete classification of this Act to the Code, see section 1701 of Title 12 and Ta- bles. The Housing and Urban Development Act of 1965, re- ferred to in subsec. (m), is Pub. L. 89–117, Aug. 10, 1965, 79 Stat. 451. Title I of the Housing and Urban Develop- ment Act of 1965 enacted sections 1421b, 1466 of this title, and sections 1701q, 1701s, 1735g, 1735h of Title 12, Page 5929 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 amended sections 1402, 1422, 1451, 1465 of this title, sec- tions 1715c, 1715l, 1715n, 1717 of Title 12, and section 1816 [now 3732] of Title 38, Veterans’ Benefits, and enacted provisions set out as notes under section 1466 of this title and section 1701q of Title 12. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1701 of Title 12 and Tables. The Department of Housing and Urban Development Reform Act of 1989, referred to in subsec. (o)(3), is Pub. L. 101–235, Dec. 15, 1989, 103 Stat. 1987. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 3531 of this title and Tables. The United States Housing Act of 1937, referred to in subsec. (r)(2)(A), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title I of the Act is classified gen- erally to subchapter I (§ 1437 et seq.) of chapter 8 of this title. Title II of the Act, which was classified generally to subchapter II (§ 1437aa et seq.) of chapter 8 of this title, was repealed by Pub. L. 104–330, title V, § 501(a), Oct. 26, 1996, 110 Stat. 4041. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Fair Housing Act, referred to in subsec. (r)(2)(D), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I of chap- ter 45 (§ 3601 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Housing and Community Development Act of 1974, referred to in subsec. (r)(2)(E), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 810 of the Act which was classified to section 1706e of Title 12, Banks and Banking, was re- pealed by Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128. Section 201 of the Housing and Community Develop- ment Amendments of 1978, referred to in subsec. (r)(2)(F), is section 201 of Pub. L. 95–557, title II, Oct. 31, 1978, 92 Stat. 2084, which enacted section 1715z–1a of Title 12, Banks and Banking, and amended section 1715z–1 of Title 12. The Congregate Housing Services Act of 1978, referred to in subsec. (r)(2)(G), is title IV of Pub. L. 95–557, Oct. 31, 1978, 92 Stat. 2104, which is classified principally to chapter 89 (§ 8001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8001 of this title and Tables. Section 222 of the Housing and Urban-Rural Recovery Act of 1983, referred to in subsec. (r)(2)(H), is section 222 of Pub. L. 98–181, which is set out as a note under sec- tion 1701z–6 of Title 12, Banks and Banking. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsec. (r)(2)(J), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title IV of the Act is classified prin- cipally to subchapter IV (§ 11360 et seq.) of chapter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. The Cranston-Gonzalez National Affordable Housing Act, referred to in subsec. (r)(2)(K), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079. Title II of the Act, known as the HOME Investment Partnerships Act, is classified principally to subchapter II (§ 12721 et seq.) of chapter 130 of this title. Title III of the Act enacted subchapter III (§ 12851 et seq.) of chapter 130 of this title and sec- tions 1735f–17 and 1735f–18 of Title 12, Banks and Bank- ing, amended sections 1703, 1708, 1709, 1715d, 1715z–20, 1721, and 1735f–9 of Title 12, and enacted provisions set out as notes under sections 1703, 1709, 1713, and 1735f–18 of Title 12. Title IV of the Act, known as the Home- ownership and Opportunity Through HOPE Act, en- acted subchapter II–A (§ 1437aaa et seq.) of chapter 8 of this title and subchapter IV (§ 12871 et seq.) of chapter 130 of this title, amended sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title and section 1709 of Title 12, and enacted provisions set out as notes under sections 1437c, 1437aa, and 1437aaa of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. Section 202 of the LEGACY Act of 2003, referred to in subsec. (t), is section 202 of Pub. L. 108–186, which is set out in a note under section 1701q of Title 12, Banks and Banking. CODIFICATION In subsec. (c), ‘‘the Executive Schedule provided by subchapter II of chapter 53 of title 5’’ substituted for ‘‘the Federal Executive Salary Schedule provided by the Federal Executive Salary Act of 1964’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Or- ganization and Employees. Subsec. (d) is comprised of the first sentence of sub- sec. (d) of section 7 of Pub. L. 89–174. The second sen- tence of subsec. (d) repealed the second proviso of sec- tion 1451(c) of this title. In subsec. (e), ‘‘section 3109 of title 5’’ substituted for ‘‘section 15 of the Act of August 2, 1946’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. Prior to the en- actment of Title 5, section 15 of the Act of Aug. 2, 1946, was classified to section 55a of former Title 5. In subsec. (i)(1), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section was formerly classified to section 624d of former Title 5, Executive Departments and Govern- ment Officers and Employees, prior to the general revi- sion and enactment of Title 5, Government Organiza- tion and Employees, by Pub. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378. AMENDMENTS 2003—Subsec. (t). Pub. L. 108–186 added subsec. (t). 2000—Subsec. (r)(2)(J). Pub. L. 106–400 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. 1998—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 re- garding 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 deter- mined under paragraph (3).’’ 1994—Subsec. (i)(5). Pub. L. 103–233 struck out before last semicolon ‘‘; except that with respect to any mort- gage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropria- tion Acts, implement the authority under this para- graph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued market- able 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 pursu- ant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has in- creased, 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 deter- mined by the Secretary’’. 1992—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 ap- propriation Acts, implement the authority under this Page 5930 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535 paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued mar- ketable obligations of the Treasury having a com- parable maturity if (and to the extent that) such a re- duction, when taken together with other actions au- thorized 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 de- termined by the Secretary’’. Subsec. (i)(6). Pub. L. 102–550, § 902(b)(2), inserted be- fore period ‘‘, including any provisions relating to the authority or requirements under paragraph (5)’’. 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.’’ Subsec. (s). Pub. L. 102–550, § 929, added subsec. (s). 1990—Subsec. (r)(1). Pub. L. 101–625, § 954(a)(1), in- serted ‘‘and collecting and maintaining data for such purposes’’ before periods at end of first and last sen- tences. Subsec. (r)(2)(K). Pub. L. 101–625, § 954(a)(2), added sub- par. (K). Subsec. (r)(3). Pub. L. 101–625, § 954(a)(3), inserted ‘‘and collecting and maintaining data pursuant to the au- thority under this subsection,’’ after comma and ‘‘and collecting and maintaining data for such purposes’’ be- fore period at end. Subsec. (r)(4)(A). Pub. L. 101–625, § 954(a)(4)(A), in- serted ‘‘and collecting and maintaining data for such purposes’’ after ‘‘subsection’’. Subsec. (r)(4)(B). Pub. L. 101–625, § 954(a)(4)(B), in- serted ‘‘and to collect and maintain data for such pur- poses’’ after ‘‘paragraph (2)’’. 1989—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 mana- gerial support to the Federal Housing Administration as the Secretary determines to be appropriate, includ- ing but not limited to the management of insurance risk and the improvement of the delivery of mortgage insurance.’’ 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 contin- uous session’’ before ‘‘prior to its being published’’. Subsec. (o)(2)(B). Pub. L. 101–235, § 123(2), struck out ‘‘of continuous session of Congress’’ before ‘‘prior to its being published’’. 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 contin- uous session of Congress which occurs’’. Pub. L. 101–235, § 123(3)(B), substituted ‘‘Any regula- tion 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 re- ported out or been discharged from further consider- ation of a joint resolution of disapproval or other legis- lation 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 be- come 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 res- olution or legislation, in which case the rule or regula- tion 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 reso- lution or legislation pending or adopted, and if the re- quirements of section 553 of title 5 are met.’’ 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 expres- sion of approval of the rule or regulation involved.’’ Subsec. (o)(6). Pub. L. 101–235, § 123(4), struck out par. (6) which read as follows: ‘‘For purposes of this sub- section— ‘‘(A) continuity of session is broken only by an ad- journment of Congress sine die; ‘‘(B) the days on which either House is not in ses- sion 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.’’ Subsec. (q). Pub. L. 101–235, § 106, added subsec. (q). Subsec. (r). Pub. L. 101–235, § 124, added subsec. (r). 1988—Subsec. (o)(7). Pub. L. 100–242 added par. (7). 1984—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’’. 1980—Subsec. (o)(3). Pub. L. 96–399 substituted ‘‘30’’ for ‘‘20’’ wherever appearing. 1978—Subsec. (n). Pub. L. 95–557, § 316, inserted ‘‘or fa- cilities, or to assist in establishing, equipping, and op- erating interagency day care facilities’’ after ‘‘a day care center facility’’, substituted ‘‘any such day care center’’ for ‘‘such a day care center’’ and inserted pro- vision 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. Subsec. (o). Pub. L. 95–557, § 324, added subsec. (o). Subsec. (p). Pub. L. 95–557, § 908, added subsec. (p). 1976—Subsec. (c). Pub. L. 94–375, § 17(d), substituted ‘‘six’’ for ‘‘seven’’ in proviso. Subsec. (n). Pub. L. 94–375, § 21, added subsec. (n). 1970—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 Sched- ule under section 5332 of title 5’’ for ‘‘not to exceed $100 per diem for individuals’’. Subsecs. (h) to (l). Pub. L. 91–609, § 905, added subsecs. (h) to (l). Subsec. (m). Pub. L. 91–609, § 120(c), added subsec. (m). 1968—Subsec. (b). Pub. L. 90–448 repealed subsec. (b) which restricted transfer of functions in connection with secondary market operations of the Federal Na- tional Mortgage Association. Subsec. (c). Pub. L. 90–284 increased from six to seven the number of positions in the Department whose com- pensation may be fixed at annual rate applicable to po- sitions in level V. 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. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–399, title III, § 334(b), Oct. 8, 1980, 94 Stat. 1653, provided that: ‘‘The amendment made by sub- section (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].’’ Page 5931 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3535a 1 See References in Text note below. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–448 effective from and after a date, no more than 120 days following Aug. 1, 1968, as established by the Secretary of Housing and Urban De- velopment, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking. REPORT ON SINGLE FAMILY AND MULTIFAMILY HOMES Pub. L. 105–276, title V, § 591, Oct. 21, 1998, 112 Stat. 2652, provided that: ‘‘(a) IN GENERAL.—Not later than 12 months after the date of the enactment of this Act [Oct. 21, 1998], the In- spector General of the Department of Housing and Urban Development shall submit to the Congress a re- port, which shall include information relating to— ‘‘(1) with respect to 1- to 4-family dwellings owned by the Department of Housing and Urban Develop- ment, on a monthly average basis— ‘‘(A) the total number of units in those dwellings; ‘‘(B) the number and percentage of units in those dwellings that are unoccupied, and their average period of vacancy, and the number and percentage of units in those dwellings that have been unoccu- pied for more than 1 year, as of that date; and ‘‘(C) the number and percentage of units in those projects that are determined by the Inspector Gen- eral to be substandard, based on any— ‘‘(i) lack of hot or cold piped water; ‘‘(ii) lack of working toilets; ‘‘(iii) regular and prolonged breakdowns in heating; ‘‘(iv) dangerous electrical problems; ‘‘(v) unsafe hallways or stairways; ‘‘(vi) leaking roofs, windows, or pipes; ‘‘(vii) open holes in walls and ceilings; and ‘‘(viii) indications of rodent infestation; and ‘‘(2) with respect to multifamily housing projects (as that term is defined in section 203 of the Housing and Community Development Amendments of 1978 [12 U.S.C. 1701z–11]) owned by the Department of Housing and Urban Development on a monthly average basis— ‘‘(A) the total number of units in those projects; ‘‘(B) the number and percentage of units in those projects that are unoccupied, and their average pe- riod of vacancy, and the number and percentage of units in those projects that have been unoccupied for more than 1 year, as of that date; and ‘‘(C) the number and percentage of units in those projects that are determined by the Inspector Gen- eral to be substandard, based on any— ‘‘(i) lack of hot or cold piped water; ‘‘(ii) lack of working toilets; ‘‘(iii) regular and prolonged breakdowns in heating; ‘‘(iv) dangerous electrical problems; ‘‘(v) unsafe hallways or stairways; ‘‘(vi) leaking roofs, windows, or pipes; ‘‘(vii) open holes in walls and ceilings; and ‘‘(viii) indications of rodent infestation; and ‘‘(3) the Department’s plans and operations to ad- dress vacancies and substandard physical conditions described in paragraphs (1) and (2). ‘‘(b) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this Act [Oct. 21, 1998].’’ TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employ- ees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 3535a. Working capital fund There is hereby established in the United States Treasury, pursuant to section 3535(f) of this title, a working capital fund for the Depart- ment of Housing and Urban Development (re- ferred to in this paragraph as the ‘‘Fund’’): Pro- vided, That amounts transferred to the Fund under this heading shall be available for Federal shared services used by offices and agencies of the Department, and for such portion of any of- fice or agency’s printing, records management, space renovation, furniture, or supply services as the Secretary determines shall be derived from centralized sources made available by the Department to all offices and agencies and fund- ed through the Fund: Provided further, That of the amounts made available in this title 1 for salaries and expenses under the headings ‘‘Exec- utive Offices’’, ‘‘Administrative Support Of- fices’’, ‘‘Program Office Salaries and Expenses’’, and ‘‘Government National Mortgage Associa- tion’’, the Secretary shall transfer to the Fund such amounts, to remain available until ex- pended, as are necessary to fund services, speci- fied in the first proviso, for which the appropria- tion would otherwise have been available, and may transfer not to exceed an additional $10,000,000, in aggregate, from all such appropria- tions, to be merged with the Fund and to remain available until expended for use for any office or agency: Provided further, That amounts in the Fund shall be the only amounts available to each office or agency of the Department for the services, or portion of services, specified in the first proviso: Provided further, That with respect to the Fund, the authorities and conditions under this heading shall supplant the authori- ties and conditions provided under section 3535(f) of this title. (Pub. L. 114–113, div. L, title II, Dec. 18, 2015, 129 Stat. 2868.) Editorial Notes REFERENCES IN TEXT This heading, referred to in text, refers to the head- ing ‘‘WORKING CAPITAL FUND’’ of title II of div. L of the Consolidated Appropriations Act, 2016, Pub. L. 114–113, which is classified to this section. The amounts made available in this title for salaries and expenses under the headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program Office Salaries and Expenses’’, and ‘‘Government National