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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC3535]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 44--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 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 
appropriations, authorizations, allocations, or other funds held, used, 
arising from, or available or to be made available in connection with, 
the functions, 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(b) Repealed.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, Sec. 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 attorneys, as 
shall be necessary to carry out the provisions of this chapter and to 
prescribe their authority and duties: Provided, That any other provision 
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 subchapter II of chapter 53 of title 5.

(d) Delegation of authority; rules and regulations

    The Secretary may delegate any of his functions, powers, and duties 
to such officers and employees of the Department as he may designate, 
may authorize such successive redelegations 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 consultants; compensation

    The Secretary may obtain services as authorized by section 3109 of 
title 5, at rates for individuals 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 Secretary is authorized to enter into 
contracts with private companies for the provision of such managerial 
support to the Federal Housing Administration as the Secretary 
determines to be appropriate, including but not limited to the 
management of insurance risk and the improvement of the delivery of 
mortgage insurance.

(f) Working capital fund; establishment; uses; appropriations; 
        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 desirable 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 
library service. In addition to amounts appropriated 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, including reserves for accrued annual 
leave and for depreciation 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 accounts for funds in 
        Treasury; availability of funds for administrative expenses; 
        consolidation of cash for banking and checking purposes

    Except as such authority is otherwise expressly 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 connection with such financial transactions) shall be 
final and conclusive upon all officers of the Government. Funds made 
available to the Secretary 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 
receipts and assets obtained or held by the Secretary in connection with 
such financial transactions shall be available, in such amounts as may 
from year to year be authorized by the Congress, 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 approval 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, 
including amounts appropriated, from whatever source derived.

(i) Foreclosure of property; actions for protection 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 section 5 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 provisions

    Except as such authority is otherwise expressly 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 conferred upon him by any law, contract, or 
    other agreement, and bid for and purchase at any 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 deprive any State or 
    political subdivision thereof of its civil or criminal jurisdiction 
    in and over such property or impair the civil rights under the State 
    or local laws of the inhabitants on such property: Provided further, 
    That section 5 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 taxing authority with respect to any real 
    property 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 connection 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 agreement 
    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 provisions as he may deem necessary, including any 
    provisions relating to the authority or requirements 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 
beneficiaries and project participants, which shall be adequate to cover 
over the long run, costs of inspection, project review and financing 
service, audit by Federal or federally authorized auditors, and other 
beneficial rights, privileges, licenses, and services. Such fees and 
charges heretofore or hereafter collected shall be considered 
nonadministrative and shall remain available for operating expenses of 
the Department in providing 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 received as gifts or 
bequests shall be deposited in the Treasury in a separate fund and shall 
be disbursed upon order of the Secretary. Property accepted pursuant to 
this paragraph, and the proceeds thereof, shall be used as nearly as 
possible in accordance with the terms of the gift or bequest.
    (2) For the purpose of Federal income, estate, and gift taxes, 
property accepted under paragraph (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 Secretary of the Treasury 
may invest and reinvest in securities of the United States or in 
securities guaranteed as to principal and interest by the United States 
any moneys contained in the fund provided for in paragraph (1). Income 
accruing 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 committees; compensation and 
        travel expenses

    The Secretary is authorized to appoint, without regard to the civil 
service laws, such advisory 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 Secretary, may be 
paid compensation at rates not exceeding those authorized for 
individuals under subsection (e) of this section, and while so serving 
away from their homes or regular places of business, may be allowed 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5 for persons in the Government 
service employed intermittently.

(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 National 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 
substantially 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 occupancy of such project 
by such military personnel as he shall determine is appropriate to 
assure that the project will serve their needs on a continuing basis 
notwithstanding the frequency with which individual members of such 
personnel 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 otherwise to establish, equip, and operate a 
day care center facility or facilities, or to assist in establishing, 
equipping, and operating interagency 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 
establishment of appropriate fees and charges to be chargeable against 
the Department of Housing and Urban Development employees or others who 
are beneficiaries of services provided by any 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 development or review; 
        transmittal to Congress

    (1) Notwithstanding any other provision of law, the Secretary shall 
transmit 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 an agenda of all rules or regulations which are 
under development or review by the Department. Such an agenda shall be 
transmitted to such Committees within 30 days of October 31, 1978, and 
at least semi-annually thereafter.
    (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 transmitted. 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 Secretary 
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 
submitted 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 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.
    (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, Sec. 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 Department 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 analysis 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 economy; and
        (4) an estimate of the effect of the reorganization on the 
    availability, accessibility, and quality of services provided for 
    recipients of those services,

where any of the above factors cannot be quantified, 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 Department 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 individual 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 Department. The notification shall be 
included in a notice 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 undertaking 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 approval 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 evaluating 
and monitoring of all such programs (including all aspects of the public 
housing and section 202 programs) and collecting and maintaining data 
for such purposes. The Secretary shall expend amounts made available 
under this subsection in accordance with the need and complexity 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--
        (A) titles I [42 U.S.C. 1437 et seq.] and II \1\ of the United 
    States Housing Act of 1937;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (B) section 202 of the Housing Act of 1959 [12 U.S.C. 1701q];
        (C) section 106 of the Housing and Urban Development 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 Development Act of 1974;
        (F) section 201 of the Housing and Community 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. 11361 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 Cranston-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 Secretary 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 evaluation and monitoring under 
this subsection and collecting and maintaining data for such purposes 
directly or by grants, contracts, or interagency agreements. Not more 
than 50 percent of the amounts made available under paragraph (1) may be 
used for grants, contracts, or interagency agreements.
    (B) Any amounts not used for grants, contracts, or interagency 
agreements under subparagraph (A) shall be used in a manner that 
increases and strengthens the ability of the Department to monitor and 
evaluate the programs under paragraph (2) and to collect and maintain 
data for such purposes through officers and employees 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 appropriated by this section, 
$96,000,000 shall be available 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 National 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 appropriated 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 building for Department personnel.

(Pub. L. 89-174, Sec. 7, Sept. 9, 1965, 79 Stat. 669; Pub. L. 90-284, 
title VIII, Sec. 808(b)(2), Apr. 11, 1968, 82 Stat. 84; Pub. L. 90-448, 
title VIII, Sec. 807(d), Aug. 1, 1968, 82 Stat. 544; Pub. L. 91-609, 
title I, Sec. 120(c), title IX, Secs. 905, 906, Dec. 31, 1970, 84 Stat. 
1775, 1809, 1811; Pub. L. 94-375, Secs. 17(d), 21, Aug. 3, 1976, 90 
Stat. 1077; Pub. L. 95-557, title III, Secs. 316, 324, title IX, 
Sec. 908, Oct. 31, 1978, 92 Stat. 2099, 2103, 2129; Pub. L. 96-399, 
title III, Sec. 334(a), Oct. 8, 1980, 94 Stat. 1653; Pub. L. 98-479, 
title I, Sec. 104(b), Oct. 17, 1984, 98 Stat. 2225; Pub. L. 100-242, 
title V, Sec. 563(a), Feb. 5, 1988, 101 Stat. 1944; Pub. L. 101-235, 
title I, Secs. 106, 123, 124, 141, Dec. 15, 1989, 103 Stat. 2000, 2021, 
2022, 2030; Pub. L. 101-625, title IX, Sec. 954(a), Nov. 28, 1990, 104 
Stat. 4420; Pub. L. 102-550, title IX, Secs. 902(b), (c), 929, Oct. 28, 
1992, 106 Stat. 3867, 3887; Pub. L. 103-233, title I, Sec. 104, Apr. 11, 
1994, 108 Stat. 363; Pub. L. 105-362, title VII, Sec. 701(a), Nov. 10, 
1998, 112 Stat. 3287; Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 
1675.)

                       References in Text

    The civil service laws, referred to in subsecs. (c) and (l), are set 
forth in Title 5, Government Organization and Employees. See, 
particularly, section 3301 et seq. of Title 5.
    The classification laws, referred to in subsec. (c), are classified 
generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III 
(Sec. 5331 et seq.) of chapter 53 of Title 5.
    The National Housing Act, referred to in subsecs. (m) and (s)(2), is 
act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is 
classified principally to chapter 13 (Sec. 1701 et seq.) of Title 12, 
Banks and Banking. Title II of the Act is classified principally to 
subchapter II (Sec. 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 Tables.
    The Housing and Urban Development Act of 1965, referred to in 
subsec. (m), is Pub. L. 89-117, Aug. 10, 1965, 79 Stat. 451, as amended. 
Title I of the Housing and Urban Development Act of 1965 enacted 
sections 1421b, 1466 of this title, and sections 1701q, 1701s, 1735g, 
1735h of Title 12, amended sections 1402, 1422, 1451, 1465 of this 
title, sections 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 classification 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, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and 
amended. Title I of the Act is classified generally to subchapter I 
(Sec. 1437 et seq.) of chapter 8 of this title. Title II of the Act, 
which was classified generally to subchapter II (Sec. 1437aa et seq.) of 
chapter 8 of this title, was repealed by Pub. L. 104-330, title V, 
Sec. 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, as amended, which is 
classified principally to subchapter I of chapter 45 (Sec. 3601 et seq.) 
of this title. For complete classification 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, as 
amended. Title I of the Act is classified principally to chapter 69 
(Sec. 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 repealed by Pub. L. 101-625, 
title II, Sec. 289(b), Nov. 28, 1990, 104 Stat. 4128.
    Section 201 of the Housing and Community Development 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, 
as amended, which is classified principally to chapter 89 (Sec. 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 section 1701z-6 of Title 12, Banks and 
Banking.
    The McKinney-Vento Homeless Assistance Act, referred to in subsec. 
(r)(2)(J), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended. 
Title IV of the Act is classified generally to subchapter IV (Sec. 11361 
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 (Sec. 12721 et seq.) of chapter 
130 of this title. Title III of the Act enacted subchapter III 
(Sec. 12851 et seq.) of chapter 130 of this title and sections 1735f-17 
and 1735f-18 of Title 12, Banks and Banking, 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 Homeownership and 
Opportunity Through HOPE Act, enacted subchapter II-A (Sec. 1437aaa et 
seq.) of chapter 8 of this title and subchapter IV (Sec. 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.

                          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, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5, Government Organization and 
Employees.
    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, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which 
enacted Title 5. Prior to the enactment of Title 5, section 15 of the 
Act of Aug. 2, 1946, was classified to section 55a of former Title 5.
    Section was formerly classified to section 624d of former Title 5, 
Executive Departments and Government Officers and Employees, prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 1, 1966, 80 Stat. 378.
    Subsec. (d) is comprised of the first sentence of subsec. (d) of 
section 7 of Pub. L. 89-174. The second sentence of subsec. (d) repealed 
the second proviso of section 1451(c) of this title.


                               Amendments

    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 regarding 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 
determined under paragraph (3).''
    1994--Subsec. (i)(5). Pub. L. 103-233 struck out before last 
semicolon ``; except that with respect to any mortgage held by the 
Secretary, the Secretary shall, subject to the availability of amounts 
provided in appropriation Acts, implement the authority under this 
paragraph to reduce the interest rate on the mortgage to a rate not less 
than the rate for recently issued marketable 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 
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 determined by the Secretary''.
    1992--Subsec. (i)(5). Pub. L. 102-550, Sec. 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 appropriation Acts, implement the authority under 
this paragraph to reduce the interest rate on the mortgage to a rate not 
less than the rate for recently issued marketable 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 
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 determined by the Secretary''.
    Subsec. (i)(6). Pub. L. 102-550, Sec. 902(b)(2), inserted before 
period ``, including any provisions relating to the authority or 
requirements under paragraph (5)''.
    Subsec. (r)(6). Pub. L. 102-550, Sec. 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, Sec. 929, added subsec. (s).
    1990--Subsec. (r)(1). Pub. L. 101-625, Sec. 954(a)(1), inserted 
``and collecting and maintaining data for such purposes'' before periods 
at end of first and last sentences.
    Subsec. (r)(2)(K). Pub. L. 101-625, Sec. 954(a)(2), added subpar. 
(K).
    Subsec. (r)(3). Pub. L. 101-625, Sec. 954(a)(3), inserted ``and 
collecting and maintaining data pursuant to the authority under this 
subsection,'' after comma and ``and collecting and maintaining data for 
such purposes'' before period at end.
    Subsec. (r)(4)(A). Pub. L. 101-625, Sec. 954(a)(4)(A), inserted 
``and collecting and maintaining data for such purposes'' after 
``subsection''.
    Subsec. (r)(4)(B). Pub. L. 101-625, Sec. 954(a)(4)(B), inserted 
``and to collect and maintain data for such purposes'' after ``paragraph 
(2)''.
    1989--Subsec. (e). Pub. L. 101-235, Sec. 141, inserted at end ``The 
Secretary is authorized to enter into contracts with private companies 
for the provision of such managerial support to the Federal Housing 
Administration as the Secretary determines to be appropriate, including 
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, Sec. 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 continuous session'' before ``prior to its being 
published''.
    Subsec. (o)(2)(B). Pub. L. 101-235, Sec. 123(2), struck out ``of 
continuous session of Congress'' before ``prior to its being 
published''.
    Subsec. (o)(3). Pub. L. 101-235, Sec. 123(3)(A), substituted 
``expiration of the 30-calendar day period beginning on the day'' for 
``first period of 30 calendar days of continuous session of Congress 
which occurs''.
    Pub. L. 101-235, Sec. 123(3)(B), substituted ``Any regulation 
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 reported out or been discharged from 
further consideration of a joint resolution of disapproval or other 
legislation 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 become 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 resolution or 
legislation, in which case the rule or regulation 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 
resolution or legislation pending or adopted, and if the requirements of 
section 553 of title 5 are met.''
    Subsec. (o)(5). Pub. L. 101-235, Sec. 123(4), struck out par. (5) 
which read as follows: ``Congressional inaction on any rule or 
regulation shall not be deemed an expression of approval of the rule or 
regulation involved.''
    Subsec. (o)(6). Pub. L. 101-235, Sec. 123(4), struck out par. (6) 
which read as follows: ``For purposes of this subsection--
        ``(A) continuity of session is broken only by an adjournment of 
    Congress sine die;
        ``(B) the days on which either House is not in session 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, Sec. 106, added subsec. (q).
    Subsec. (r). Pub. L. 101-235, Sec. 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, Sec. 316, inserted ``or 
facilities, or to assist in establishing, equipping, and operating 
interagency day care facilities'' after ``a day care center facility'', 
substituted ``any such day care center'' for ``such a day care center'' 
and inserted provision 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, Sec. 324, added subsec. (o).
    Subsec. (p). Pub. L. 95-557, Sec. 908, added subsec. (p).
    1976--Subsec. (c). Pub. L. 94-375, Sec. 17(d), substituted ``six'' 
for ``seven'' in proviso.
    Subsec. (n). Pub. L. 94-375, Sec. 21, added subsec. (n).
    1970--Subsec. (e). Pub. L. 91-609, Sec. 906, substituted ``for 
individuals 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'' 
for ``not to exceed $100 per diem for individuals''.
    Subsecs. (h) to (l). Pub. L. 91-609, Sec. 905, added subsecs. (h) to 
(l).
    Subsec. (m). Pub. L. 91-609, Sec. 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 National Mortgage Association.
    Subsec. (c). Pub. L. 90-284 increased from six to seven the number 
of positions in the Department whose compensation may be fixed at annual 
rate applicable to positions in level V.

                         Change of Name

    Committee on Banking, Finance and Urban Affairs of House of 
Representatives treated as referring to Committee 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 
Congress. Committee on Banking and Financial Services of House of 
Representatives abolished and replaced by Committee on Financial 
Services of House of Representatives, and jurisdiction over matters 
relating to securities and exchanges and insurance generally transferred 
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

    Section 334(b) of Pub. L. 96-399 provided that: ``The amendment made 
by subsection (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].''


                    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 Development, 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, Sec. 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 Inspector General of the 
Department of Housing and Urban Development shall submit to the Congress 
a report, which shall include information relating to--
        ``(1) with respect to 1- to 4-family dwellings owned by the 
    Department of Housing and Urban Development, 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 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 General 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 period 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 General 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 address 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 
776, set out in the Appendix to Title 5, Government Organization and 
Employees.


         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 Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.