42 U.S.C. § 12710 — Capacity study

Page 8449 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12712 L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 12710. Capacity study (a) In general The Secretary shall ensure that the Depart- ment of Housing and Urban Development has adequate capacity and resources, including staff and training programs, to carry out its mission and responsibilities to implement the provisions of this Act, including the ability of the Depart- ment to carry out the multifamily mortgage in- surance program, and the ability to respond to areas identified as ‘‘material weaknesses’’ by the Office of the Inspector General in financial audits or other reports. (b) Report Not later than 60 days after November 28, 1990, and annually thereafter, the Secretary shall pre- pare and submit 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 a study detailing the Department’s plan to maintain such capacity, together with any recommenda- tions for legislative and administrative action as the Secretary determines to be appropriate. (Pub. L. 101–625, title I, § 110, Nov. 28, 1990, 104 Stat. 4093; Pub. L. 102–550, title IV, § 407, Oct. 28, 1992, 106 Stat. 3778.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079, known as the Cranston-Gon- zalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–550 struck out ‘‘, and’’ after ‘‘responsibilities’’ and substituted for period at end ‘‘and the ability to respond to areas identified as ‘material weaknesses’ by the Office of the Inspector General in financial audits or other reports.’’ 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. § 12711. Protection of State and local authority Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or deny- ing funds made available under programs admin- istered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdic- tion of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in ac- cordance with the jurisdiction’s duly established authority, and (2) not in violation of any Fed- eral law. (Pub. L. 101–625, title I, § 111, Nov. 28, 1990, 104 Stat. 4093.) § 12712. 5-year energy efficiency plan (a) Establishment The Secretary of Housing and Urban Develop- ment shall establish a plan for activities to be undertaken and policies to be adopted by the Secretary within the 5-year period beginning upon the submission of the plan to the Congress under subsection (d) to provide for, encourage, and improve energy efficiency in newly con- structed, rehabilitated, and existing housing. In developing the plan, the Secretary shall con- sider, as appropriate, any energy assessments under section 944. (b) Initial plan The Secretary of Housing and Urban Develop- ment shall establish the first plan under this section not later than the expiration of the 1- year period beginning on November 28, 1990. (c) Updates The Secretary of Housing and Urban Develop- ment shall revise and update the plan under this section not less than once for each 2-year period, the first such 2-year period beginning on the date of the submission of the initial plan under subsection (b) to the Congress (as provided in subsection (d)). Each such update shall revise the plan for the 5-year period beginning upon the submission of the updated plan to the Con- gress. (d) Submission to Congress The Secretary of Housing and Urban Develop- ment shall submit the initial plan established under subsection (b) and any updated plans under subsection (c) to the Congress not later than the date by which such plans are to be es- tablished or updated under such paragraphs. (Pub. L. 101–625, title IX, § 945, Nov. 28, 1990, 104 Stat. 4416.) Editorial Notes REFERENCES IN TEXT Section 944, referred to in subsec. (a), is section 944 of Pub. L. 101–625, which is set out below. CODIFICATION Section was enacted as part of title IX of the Cran- ston-Gonzalez National Affordable Housing Act, and not as part of title I of such Act which comprises this subchapter. Statutory Notes and Related Subsidiaries BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR EN- ERGY AND WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS Pub. L. 114–94, div. G, title LXXXI, § 81001, Dec. 4, 2015, 129 Stat. 1792, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Housing and Urban Development (in this section referred to as the ‘Secretary’) shall establish a demonstration program under which the Secretary may execute budget-neutral,