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U.S. Code as of:
01/19/04
Section 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(b) Repealed.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;
(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.
(t) Training regarding issues relating to grandparent-headed and
relative-headed families
The Secretary shall ensure that all personnel employed in field
offices of the Department who have responsibilities for
administering the housing assistance program under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or the
supportive housing program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q), and an appropriate number of personnel in
the headquarters office of the Department who have responsibilities
for those programs, have received adequate training regarding how
covered families (as that term is defined in section 202 of the
LEGACY Act of 2003) can be served by existing affordable housing
programs.
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