42 U.S.C. § 11386e — Appeal procedure

Page 8173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11388 § 11386e. Appeal procedure (a) In general With respect to funding under this part, if cer- tification of consistency with the consolidated plan pursuant to section 11361 of this title is withheld from an applicant who has submitted an application for that certification, such appli- cant may appeal such decision to the Secretary. (b) Procedure The Secretary shall establish a procedure to process the appeals described in subsection (a). (c) Determination Not later than 45 days after the date of receipt of an appeal described in subsection (a), the Sec- retary shall determine if certification was un- reasonably withheld. If such certification was unreasonably withheld, the Secretary shall re- view such application and determine if such ap- plicant shall receive funding under this part. (Pub. L. 100–77, title IV, § 431, as added Pub. L. 111–22, div. B, title III, § 1305(3), May 20, 2009, 123 Stat. 1696.) Editorial Notes PRIOR PROVISIONS A prior section 431 of Pub. L. 100–77 was classified to section 11391 of this title prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. § 11386f. Geographic areas (a) Requirement to define For purposes of this part, the term ‘‘geo- graphic area’’ shall have such meaning as the Secretary shall by notice provide. (b) Issuance of notice Not later than the expiration of the 90-day pe- riod beginning on July 29, 2016, the Secretary shall issue a notice setting forth the definition required by subsection (a). (Pub. L. 100–77, title IV, § 432, as added Pub. L. 114–201, title IV, § 401(a)(2), July 29, 2016, 130 Stat. 807.) Editorial Notes PRIOR PROVISIONS A prior section 432 of Pub. L. 100–77 was renumbered section 433 and is classified to section 11387 of this title. Another prior section 432 of Pub. L. 100–77, as added Pub. L. 102–550, title XIV, § 1404, Oct. 28, 1992, 106 Stat. 4022, which defined terms for purposes of this part, was classified to section 11392 of this title, prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Another prior section 432 of Pub. L. 100–77, July 22, 1987, 101 Stat. 505; Pub. L. 100–628, title IV, §§ 461–463(a), Nov. 7, 1988, 102 Stat. 3236, 3237; Pub. L. 101–625, title VIII, § 834(b)–(d), Nov. 28, 1990, 104 Stat. 4365, 4366, which provided for supplemental assistance for facilities to assist the homeless, was classified to section 11392 of this title, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. § 11387. Regulations Not later than the expiration of the 90-day pe- riod beginning on October 28, 1992, the Secretary shall issue interim regulations to carry out this part, which shall take effect upon issuance. The Secretary shall issue final regulations to carry out this part after notice and opportunity for public comment regarding the interim regula- tions, pursuant to the provisions of section 553 of title 5 (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment shall not be less than 60 days, and the final regulations shall be issued not later than the expiration of the 60- day period beginning upon the conclusion of the comment period and shall take effect upon issuance. (Pub. L. 100–77, title IV, § 433, formerly § 427, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4021; renumbered § 432, Pub. L. 111–22, div. B, title III, § 1305(2), May 20, 2009, 123 Stat. 1690; renumbered § 433, Pub. L. 114–201, title IV, § 401(a)(1), July 29, 2016, 130 Stat. 807.) Editorial Notes PRIOR PROVISIONS A prior section 11387, Pub. L. 100–77, title IV, § 427, July 22, 1987, 101 Stat. 504; Pub. L. 100–628, title IV, § 453, Nov. 7, 1988, 102 Stat. 3236, provided for reports to Con- gress summarizing the activities carried out under the supportive housing demonstration program, prior to re- peal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. A prior section 433 of Pub. L. 100–77 was renumbered section 434 and is classified to section 11388 of this title. Another prior section 433 of Pub. L. 100–77 was classi- fied to section 11393 of this title, prior to repeal by Pub. L. 111–22, div. B, title V, § 1501, May 20, 2009, 123 Stat. 1701. Another prior section 433 of Pub. L. 100–77 related to establishment of regulations for program to provide supplemental assistance for facilities to assist the homeless and was classified to section 11393 of this title, prior to repeal by Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4013. § 11388. Reports to Congress The Secretary shall submit a report to the Congress annually, summarizing the activities carried out under this part and setting forth the findings, conclusions, and recommendations of the Secretary as a result of the activities. The report shall be submitted not later than 4 months after the end of each fiscal year (except that, in the case of fiscal year 1993, the report shall be submitted not later than 6 months after the end of the fiscal year). (Pub. L. 100–77, title IV, § 434, formerly § 428, as added Pub. L. 102–550, title XIV, § 1403(a), Oct. 28, 1992, 106 Stat. 4021; renumbered § 433, Pub. L. 111–22, div. B, title III, § 1305(2), May 20, 2009, 123 Stat. 1690; renumbered § 434, Pub. L. 114–201, title IV, § 401(a)(1), July 29, 2016, 130 Stat. 807.)