42 U.S.C. § 3535a — Working capital fund

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 Page 5932 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3536 Mortgage Association’’, referred to in text, refer to the amounts made available under those headings in title II of div. L of the Consolidated Appropriations Act, 2016, Pub. L. 114–113, which are not classified to the Code. CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2016, and not as part of the Depart- ment of Housing and Urban Development Act which comprises this chapter. § 3536. Annual reports The Secretary shall, as soon as practicable after the end of each calendar year, make a re- port to the President for submission to the Con- gress on the activities of the Department during the preceding calendar year. The report required under this section shall include the reports re- quired under paragraphs (2) and (6) of section 3608(e) of this title, the reports required under subsections (a) and (b) of section 4856 of this title, the report required under section 1701o of title 12, and the report required under section 3533(e)(2) of this title. (Pub. L. 89–174, § 8, Sept. 9, 1965, 79 Stat. 670; Pub. L. 106–569, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 3031.) Editorial Notes CODIFICATION Section was formerly classified to section 624e 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 2000—Pub. L. 106–569 inserted at end ‘‘The report re- quired under this section shall include the reports re- quired under paragraphs (2) and (6) of section 3608(e) of this title, the reports required under subsections (a) and (b) of section 4856 of this title, the report required under section 1701o of title 12, and the report required under section 3533(e)(2) of this title.’’ Statutory Notes and Related Subsidiaries PERFORMANCE GOALS FOR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Pub. L. 102–550, title IX, § 925(a), Oct. 28, 1992, 106 Stat. 3884, provided that: ‘‘(1) IN GENERAL.—The Secretary of the Department of Housing and Urban Development (hereafter in this Act [see Short Title of 1992 Amendment note set out under section 5301 of this title] referred to as the ‘Secretary’) may establish performance goals for the major pro- grams of the Department of Housing and Urban Devel- opment in order to measure progress towards meeting the objectives of national housing policy. ‘‘(2) FORM OF GOALS.—The performance goals referred to in paragraph (1) shall be expressed in terms suffi- cient to measure progress. ‘‘(3) REPORT.—The Secretary shall include in the Sec- retary’s annual report to the Congress a description of the progress made in attaining the performance goals for each program, citing the results achieved in each program for the previous year. ‘‘(4) FAILURE TO MEET GOALS.—If a performance stand- ard or goal has not been met, the description under paragraph (3) shall include an explanation of why the goal was not met, propose plans for achieving the per- formance goal, and recommend any legislative or regu- latory changes necessary for achievement of the goal.’’ ANNUAL REPORT ON CHARACTERISTICS OF FAMILIES IN ASSISTED HOUSING Pub. L. 100–242, title I, § 166, Feb. 5, 1988, 101 Stat. 1864, as amended by Pub. L. 101–625, title IX, § 954(b), Nov. 28, 1990, 104 Stat. 4420, provided that: ‘‘(a) IN GENERAL.—The Secretary of Housing and Urban Development shall include in the annual report under section 8 of the Housing and Urban Development Act [probably means section 8 of the Department of Housing and Urban Development Act, 42 U.S.C. 3536] de- scriptions of the characteristics of families assisted under each of the following programs of assistance: public housing, section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] (other than subsection (o) of such section), section 8(o) of the United States Housing Act of 1937, and section 202 of the Housing Act of 1959 [12 U.S.C. 1701q]. ‘‘(b) SPECIFIC REQUIREMENTS.—The descriptions re- quired in subsection (a) shall include information with respect to— ‘‘(1) family size, including the number of children; ‘‘(2) amount and sources of family income; ‘‘(3) the age, race, and sex of family members; and ‘‘(4) whether the head of the family (or the spouse of such person) is a member of the armed forces. ‘‘(c) COLLECTION AND MAINTENANCE OF DATA.—The Secretary shall collect and maintain data necessary to carry out the purposes of this section and shall coordi- nate such efforts, to the greatest extent possible, with activities and responsibilities under section 8 of the De- partment of Housing and Urban Development Act [42 U.S.C. 3536].’’ § 3536a. Report on interagency family economic empowerment strategies The Secretary of Housing and Urban Develop- ment, in consultation with the Secretary of Labor, shall submit a report to the Congress an- nually that describes— (1) any interagency strategies of such De- partments that are designed to improve family economic empowerment by linking housing as- sistance with essential supportive services, such as employment counseling and training, financial education and growth, childcare, transportation, meals, youth recreational ac- tivities, and other supportive services; and (2) any actions taken in the preceding year to carry out such strategies and the extent of progress achieved by such actions. (Pub. L. 114–201, title VI, § 601, July 29, 2016, 130 Stat. 812.) Editorial Notes CODIFICATION Section was enacted as part of the Housing Oppor- tunity Through Modernization Act of 2016, and not as part of the Department of Housing and Urban Develop- ment Act which comprises this chapter. § 3537. Separability Notwithstanding any other evidence of the in- tent of Congress, it is hereby declared to be the intent of Congress that if any provision of this chapter, or the application thereof to any per- sons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or inval- idate the remainder of this chapter or its appli- cation to other persons and circumstances, but shall be confined in its operation to the provi- sion of this chapter, or the application thereof