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42 U.S.C. § 3549 — Investigation of violations

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42 U.S.C. § 3549 — Investigation of violations

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Page 5945 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3549 responsibilities relate to the releases of funds for special projects to be carried out pursuant thereto which are covered by such certification. (3) Certification A certification under the procedures author- ized by this section shall— (A) be in a form acceptable to the Secretary; (B) be executed by the chief executive officer or other officer of the State or unit of general local government who qualifies under regula- tions of the Secretary; (C) specify that the State or unit of general local government under this section has fully carried out its responsibilities as described under paragraph (1); and (D) specify that the certifying officer— (i) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law speci- fied in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (1); and (ii) is authorized and consents on behalf of the State or unit of general local govern- ment and himself or herself to accept the ju- risdiction of the Federal courts for the pur- pose of enforcement of the responsibilities as such an official. (4) Approval by States In cases in which a unit of general local gov- ernment carries out the responsibilities de- scribed in paragraph (1), the Secretary may per- mit the State to perform those actions of the Secretary described in paragraph (2) and the per- formance of such actions by the State, where permitted by the Secretary, shall be deemed to satisfy the Secretary’s responsibilities referred to in the second sentence of paragraph (2). (Pub. L. 103–233, title III, § 305(c), Apr. 11, 1994, 108 Stat. 372.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in pars. (1)(A), (2), and (3)(D)(i), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified gen- erally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Ap- propriations Act, 1993, referred to in par. (1)(A), is Pub. L. 102–389, Oct. 6, 1992, 106 Stat. 1571. Provisions under the head ‘‘Annual Contributions for Assisted Housing’’ in title II of the Act appear at 106 Stat. 1582 and are not classified to the Code. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Multifamily Hous- ing Property Disposition Reform Act of 1994, and not as part of the Department of Housing and Urban Develop- ment Act which comprises this chapter. § 3548. Semiannual report on contracts and task orders The Secretary shall submit semi-annually to the Committees on Appropriations a list of all contracts and task orders issued under such con- tracts in excess of $250,000 which were entered into during the prior 6-month period by the Sec- retary, the Government National Mortgage As- sociation, and the Office of Federal Housing En- terprise Oversight (or by any officer of the De- partment of Housing and Urban Development, the Government National Mortgage Association, or the Office of Federal Housing Enterprise Oversight acting in his or her capacity to rep- resent the Secretary or these entities). Each listing shall identify the parties to the contract, the term and amount of the contract, and the subject matter and responsibilities of the par- ties to the contract. (Pub. L. 105–18, title II, § 10001, June 12, 1997, 111 Stat. 201.) Editorial Notes CODIFICATION Section was enacted as part of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Ef- forts, Including Those in Bosnia, and not as part of the Department of Housing and Urban Development Act which comprises this chapter. § 3549. Investigation of violations Notwithstanding any other provision of law, on and after February 20, 2003, the Chief Finan- cial Officer of the Department of Housing and Urban Development shall, in consultation with the Budget Officer, have sole authority to inves- tigate potential or actual violations under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.) and all other statutes and regulations related to the obligation and expenditure of funds made avail- able in this, or any other Act; shall determine whether violations exist; and shall submit final reports on violations to the Secretary, the President, the Office of Management and Budget and the Congress in accordance with applicable statutes and Office of Management and Budget circulars. (Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat. 499.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, and also as part of the Consolidated Appropriations Resolu- tion, 2003, and not as part of the Department of Housing and Urban Development Act which comprises this chap- ter. Statutory Notes and Related Subsidiaries DUTIES OF CHIEF FINANCIAL OFFICER Pub. L. 109–115, div. A, title III, Nov. 30, 2005, 119 Stat. 2457, which provided that the Chief Financial Officer es- tablish control of and maintain adequate systems of ac- counting for appropriations and other available funds as required by 31 U.S.C. 1514, and further provided that, for purposes of funds control and Anti-Deficiency Act (31 U.S.C. 1341 et seq.) violation determinations, the point of obligation was to be the executed agreement or contract, with certain exceptions, and that the Chief Financial Officer was to appoint and train qualified Page 5946 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3550 personnel to conduct investigations, establish guide- lines and timeframes for such investigations, prescribe requirements for final reports on violations, and pre- scribe procedures for conducting investigations of, and reporting on, Anti-Deficiency Act violations, was not repeated in subsequent appropriation acts. Similar pro- visions were contained in the following prior appropria- tion acts: Pub. L. 108–447, div. I, title II, Dec. 8, 2004, 118 Stat. 3312. Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat. 499, as amended by Pub. L. 108–199, div. G, title II, Jan. 23, 2004, 118 Stat. 389. § 3550. Audit of Department financial statements For this fiscal year and each fiscal year there- after, subject to appropriations for that purpose, the Office of Inspector General shall procure and rely upon the services of an independent exter- nal auditor(s) to audit the financial statements of the Department of Housing and Urban Devel- opment, including the consolidated financial statement and the financial statements of the Federal Housing Administration and the Gov- ernment National Mortgage Association. (Pub. L. 116–260, div. L, title II, Dec. 27, 2020, 134 Stat. 1891.) Editorial Notes REFERENCES IN TEXT This fiscal year, referred to in text, is fiscal year 2021. CODIFICATION Section was enacted as part of the Department of Housing and Urban Development Appropriations Act, 2021, and also as part of the Transportation, Housing and Urban Development, and Related Agencies Appro- priations Act, 2021, and not as part of the Department of Housing and Urban Development Act which com- prises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to this section were contained in the following prior appropriation act: Pub. L. 116–94, div. H, title II, Dec. 20, 2019, 133 Stat. 2999. CHAPTER 45—FAIR HOUSING SUBCHAPTER I—GENERALLY Sec. 3601. Declaration of policy. 3602. Definitions. 3603. Effective dates of certain prohibitions. 3604. Discrimination in the sale or rental of hous- ing and other prohibited practices. 3605. Discrimination in residential real estate-re- lated transactions. 3606. Discrimination in the provision of brokerage services. 3607. Religious organization or private club exemp- tion. 3608. Administration. 3608a. Collection of certain data. 3609. Education and conciliation; conferences and consultations; reports. 3610. Administrative enforcement; preliminary matters. 3611. Subpoenas; giving of evidence. 3612. Enforcement by Secretary. 3613. Enforcement by private persons. Sec. 3614. Enforcement by Attorney General. 3614–1. Incentives for self-testing and self-correction. 3614a. Rules to implement subchapter. 3615. Effect on State laws. 3616. Cooperation with State and local agencies ad- ministering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register. 3616a. Fair housing initiatives program. 3617. Interference, coercion, or intimidation. 3618. Authorization of appropriations. 3619. Separability. SUBCHAPTER II—PREVENTION OF INTIMIDATION 3631. Violations; penalties. SUBCHAPTER I—GENERALLY § 3601. Declaration of policy It is the policy of the United States to provide, within constitutional limitations, for fair hous- ing throughout the United States. (Pub. L. 90–284, title VIII, § 801, Apr. 11, 1968, 82 Stat. 81.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–430, § 13(a), Sept. 13, 1988, 102 Stat. 1636, provided that: ‘‘This Act and the amendments made by this Act [see Short Title of 1988 Amendment note below] shall take effect on the 180th day beginning after the date of the enactment of this Act [Sept. 13, 1988].’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–76, § 1, Dec. 28, 1995, 109 Stat. 787, provided that: ‘‘This Act [amending section 3607 of this title] may be cited as the ‘Housing for Older Persons Act of 1995’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–430, § 1, Sept. 13, 1988, 102 Stat. 1619, pro- vided that: ‘‘This Act [enacting sections 3610 to 3614a of this title, amending sections 3602, 3604 to 3608, 3615 to 3619, and 3631 of this title and sections 2341 and 2342 of Title 28, Judiciary and Judicial Procedure, repealing former sections 3610 to 3613 of this title, and enacting provisions set out as notes under this section and sec- tion 3602 of this title] may be cited as the ‘Fair Housing Amendments Act of 1988’.’’ SHORT TITLE Section 1 of Pub. L. 90–284, as added by Pub. L. 100–430, § 2, Sept. 13, 1988, 102 Stat. 1619, provided: ‘‘That this Act [enacting this chapter, sections 231 to 233, 245, 2101, and 2102 of Title 18, Crimes and Criminal Proce- dure, and sections 1301 to 1303, 1311, 1312, 1321 to 1326, 1331, and 1341 of Title 25, Indians, amending sections 1973j, 3533, 3535 of this title, and sections 241, 242, and 1153 of Title 18, enacting provisions set out as notes under sections 231 and 245 of Title 18, and repealing pro- visions set out as notes under section 1360 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Civil Rights Act of 1968’.’’ Section 800 of Pub. L. 90–284, title VIII, as added by Pub. L. 100–430, § 4, Sept. 13, 1988, 102 Stat. 1619, provided that: ‘‘This title [enacting this subchapter and amend- ing sections 3533 and 3535 of this title] may be cited as the ‘Fair Housing Act’.’’ SEPARABILITY Pub. L. 100–430, § 14, Sept. 13, 1988, 102 Stat. 1636, pro- vided that: ‘‘If any provision of this Act [see Short Title of 1988 Amendment note above] or the application

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1341 — Limitations on expending and obligating amounts

**(a)** (1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. **(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. **(c)** (1) In this subsection— (A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018; (B) the term “District of Columbia public employer” means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government; (C) the term “employee” includes an officer; and (D) the term “excepted employee” means an excepted employee or an employee performing

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1341 — Limitations on expending and obligating

Page 174 TITLE 31—MONEY AND FINANCE § 1341 Pub. L. 110–289, § 3011(b)(3), inserted ‘‘36,’’ after ‘‘35,’’. Pub. L. 110–246, § 15316(c)(6), substituted ‘‘, 53(e), 54B(h), or 6428’’ for ‘‘or 6428 or 53(e)’’. Pub. L. 110–185 inserted ‘‘or 6428’’ after ‘‘section 35’’. 2006—Subsec. (b)(2). Pub. L. 109–432 inserted ‘‘or 53(e)’’ after ‘‘section 35’’. 2002—Subsec. (b)(2). Pub. L. 107–210 inserted ‘‘, or from section 35 of such Code’’ before period at end. 1997—Subsec. (b)(2). Pub. L. 105–34 inserted before pe- riod at end ‘‘, or enacted by the Taxpayer Relief Act of 1997’’. 1986—Subsec. (b)(2). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 applicable to taxable years beginning after Dec. 31, 2026, see section 103(f) of Pub. L. 117–328, set out as an Effective Date note under section 6433 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 9611(b)(4)(C) of Pub. L. 117–2 applicable to taxable years beginning after Dec. 31, 2020, see section 9611(c)(1) of Pub. L. 117–2, set out as a note under section 24 of Title 26, Internal Revenue Code. Amendment by section 9631(c)(2) of Pub. L. 117–2 ap- plicable to taxable years beginning after Dec. 31, 2020, see section 9631(d) of Pub. L. 117–2, set out as a note under section 21 of Title 26, Internal Revenue Code. Amendment by section 9641(b) of Pub. L. 117–2 appli- cable to amounts paid with respect to calendar quar- ters beginning after Mar. 31, 2021, see section 9641(d) of Pub. L. 117–2, set out as an Effective Date note under secton 3131 of Title 26, Internal Revenue Code. Amendment by section 9651(b) of Pub. L. 117

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1514 — Administrative division of apportionments

**(a)** The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to— (1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and (2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment. **(b)** To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1514 — Administrative division of apportion-

Page 193 TITLE 31—MONEY AND FINANCE § 1515 In subsection (b)(2), the words ‘‘head of the executive agency’’ are substituted for ‘‘agency’’ as being more precise and because of section 102 of the revised title. In subsection (c), the words ‘‘In addition to the appor- tionment required by section 665 of this title’’ are omit- ted as unnecessary because of the restatement. The words ‘‘By the first day’’ are substituted for ‘‘on or be- fore the beginning’’, and the words ‘‘of the United States Government’’ are added, for clarity. The words ‘‘major organizational unit’’ are substituted for ‘‘office or bureau’’ for consistency in the revised section. The word ‘‘changed’’ is substituted for ‘‘increased or dimin- ished’’ to eliminate unnecessary words. In subsection (e), the words ‘‘initiation and oper- ation’’ are substituted for ‘‘initiation, operation, and administration’’ to eliminate unnecessary words. Statutory Notes and Related Subsidiaries AUTOMATED SYSTEM FOR POSTING APPROPRIATION APPORTIONMENT DOCUMENTS Pub. L. 117–328, div. E, title II, § 204, Dec. 29, 2022, 136 Stat. 4667, provided that: ‘‘In fiscal year 2023 and each fiscal year thereafter—(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section 204 of the Financial Services and General Government Appro- priations Act, 2022 (division E of Public Law 117–103) [see section 204(b) set out below] and shall continue to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an open Govern- ment data asset (as that term is defined in section 3502 of title 44, United States Code); and (2) the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3549 — Investigation of violations

Notwithstanding any other provision of law, on and after February 20, 2003, the Chief Financial Officer of the Department of Housing and Urban Development shall, in consultation with the Budget Officer, have sole authority to investigate potential or actual violations under the Anti-Deficiency Act ([31 U.S.C. 1341](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim) et seq.) and all other statutes and regulations related to the obligation and expenditure of funds made available in this, or any other Act; shall determine whether violations exist; and shall submit final reports on violations to the Secretary, the President, the Office of Management and Budget and the Congress in accordance with applicable statutes and Office of Management and Budget circulars.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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