42usc3535

Page 4577

TITLE 42—THE PUBLIC HEALTH AND WELFARE

zation and Employees. See section 9(a)(1)(G) of Pub. L.
95–452, as amended, set out in Appendix to Title 5.

§ 3533a. Transferred
Section, Pub. L. 90–448, title XI, § 1105(a), Aug. 1, 1968,
82 Stat. 567; Pub. L. 96–153, title VI, § 603(a), Dec. 21,
1979, 93 Stat. 1138, which established in Federal Emergency Management Agency position of Federal Insurance Administrator, was transferred to section 4129 of
this title.

§ 3534. Transfer of functions
(a) Housing and Home Finance Agency, Federal
Housing Administration, and Public Housing
Administration
Except as otherwise provided in subsection (b)
of this section, there are hereby transferred to
and vested in the Secretary all of the functions,
powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration
in that Agency, and of the heads and other officers and offices of said agencies.
(b) Government National Mortgage Association
The Government National Mortgage Association, together with its functions, powers, and
duties, is hereby transferred to the Department.
(c) Studies of organization of housing and urban
development functions and programs and
recommendations regarding transfer of such
functions and programs to or from Department
The President shall undertake studies of the
organization of housing and urban development
functions and programs within the Federal Government, and he shall provide the Congress with
the findings and conclusions of such studies, together with his recommendations regarding the
transfer of such functions and programs to or
from the Department. Notwithstanding any
other provision of this chapter, none of the functions of the Secretary of the Interior authorized
under the Land and Water Conservation Fund
Act of 1965 [16 U.S.C. 460l–4 et seq.] or other functions carried out by the Bureau of Outdoor
Recreation shall be transferred from the Department of the Interior or in any way be limited
geographically unless specifically provided for
by reorganization plan pursuant to provisions of
chapter 9 of title 5, or by statute.
(Pub. L. 89–174, § 5, Sept. 9, 1965, 79 Stat. 669; Pub.
L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub.
L. 90–448, title VIII, § 807(c), Aug. 1, 1968, 82 Stat.
544; Pub. L. 102–550, title XIII, § 1352, Oct. 28, 1992,
106 Stat. 3969; Pub. L. 110–289, div. A, title I,
§ 1161(f), July 30, 2008, 122 Stat. 2780.)
REFERENCES IN TEXT
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (c), is Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally
to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of Title 16, Conservation. For complete classification
of this Act to the Code, see Short Title note set out
under section 460l–4 of Title 16 and Tables.
CODIFICATION
In subsec. (c) ‘‘chapter 9 of title 5’’ substituted for
‘‘the Reorganization Act of 1949, as amended,’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631,

§ 3535

the first section of which enacted Title 5, Government
Organization and Employees.
Section was formerly classified to section 624c 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, § 1, Sept. 1, 1966,
80 Stat. 378.
AMENDMENTS
2008—Subsec. (d). Pub. L. 110–289 struck out subsec.
(d) which read as follows: ‘‘Notwithstanding any other
provision of this chapter, the Secretary may not merge
or consolidate the Office of Federal Housing Enterprise
Oversight of the Department, or any of the functions or
responsibilities of such Office, with any function or
program administered by the Secretary.’’
1992—Subsec. (d). Pub. L. 102–550 added subsec. (d).
1968—Subsec. (b). Pub. L. 90–448 substituted ‘‘Government National Mortgage Association’’ for ‘‘Federal National Mortgage Association’’, and struck out provisions which allocated the position of the President of
the Federal National Mortgage Association among the
positions referred to in section 3535(c) of this title.
1967—Subsec. (b). Pub. L. 90–83 struck out ‘‘and the
item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 of this title’’ after ‘‘The next
to the last sentence of section 1723 of title 12’’ in repealing provision.
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.
TRANSFER OF FUNCTIONS
Pub. L. 89–174, § 9(c), Sept. 9, 1965, 79 Stat. 670, set out
as a note under section 3531 of this title, provides that
references to the Housing and Home Finance Agency or
to any agency or officer therein are to be deemed to
mean the Secretary of Housing and Urban Development, pursuant to the transfer of functions under this
section, and that the Housing and Home Finance Agency and the Public Housing Administration, a constituent agency therein, have lapsed.

§ 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, § 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

§ 3535

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

Page 4578

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;

Page 4579

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 Sec-

§ 3535

retary, 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 startup 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 Sec-

§ 3535

TITLE 42—THE PUBLIC HEALTH AND WELFARE

retary 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, § 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 Depart-

Page 4580

ment. 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 UrbanRural 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,
1 See

References in Text note below.

Page 4581

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
(Pub. L. 89–174, § 7, Sept. 9, 1965, 79 Stat. 669; Pub.
L. 90–284, title VIII, § 808(b)(2), Apr. 11, 1968, 82

§ 3535

Stat. 84; Pub. L. 90–448, title VIII, § 807(d), Aug.
1, 1968, 82 Stat. 544; Pub. L. 91–609, title I, § 120(c),
title IX, §§ 905, 906, Dec. 31, 1970, 84 Stat. 1775,
1809, 1811; Pub. L. 94–375, §§ 17(d), 21, Aug. 3, 1976,
90 Stat. 1077; Pub. L. 95–557, title III, §§ 316, 324,
title IX, § 908, Oct. 31, 1978, 92 Stat. 2099, 2103,
2129; Pub. L. 96–399, title III, § 334(a), Oct. 8, 1980,
94 Stat. 1653; Pub. L. 98–479, title I, § 104(b), Oct.
17, 1984, 98 Stat. 2225; Pub. L. 100–242, title V,
§ 563(a), Feb. 5, 1988, 101 Stat. 1944; Pub. L.
101–235, title I, §§ 106, 123, 124, 141, Dec. 15, 1989,
103 Stat. 2000, 2021, 2022, 2030; Pub. L. 101–625,
title IX, § 954(a), Nov. 28, 1990, 104 Stat. 4420; Pub.
L. 102–550, title IX, §§ 902(b), (c), 929, Oct. 28, 1992,
106 Stat. 3867, 3887; Pub. L. 103–233, title I, § 104,
Apr. 11, 1994, 108 Stat. 363; Pub. L. 105–362, title
VII, § 701(a), Nov. 10, 1998, 112 Stat. 3287; Pub. L.
106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L.
108–186, title II, § 204, Dec. 16, 2003, 117 Stat. 2691.)
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 (§ 5101 et seq.) and to
subchapter III (§ 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
(§ 1701 et seq.) of Title 12, Banks and Banking. Title II
of the Act is classified principally to subchapter II
(§ 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, § 201(a), Aug. 22,
1974, 88 Stat. 653, and amended. Title I of the Act is
classified generally to subchapter I (§ 1437 et seq.) of
chapter 8 of this title. Title II of the Act, which was
classified generally to subchapter II (§ 1437aa et seq.) of
chapter 8 of this title, was repealed by Pub. L. 104–330,
title V, § 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 (§ 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

§ 3535

TITLE 42—THE PUBLIC HEALTH AND WELFARE

is classified principally to chapter 69 (§ 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, § 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 (§ 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 (§ 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 (§ 12721 et seq.) of chapter
130 of this title. Title III of the Act enacted subchapter
III (§ 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 (§ 1437aaa et seq.) of chapter 8 of
this title and subchapter IV (§ 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.
Section 202 of the LEGACY Act of 2003, referred to in
subsec. (t), is section 202 of Pub. L. 108–186, which is set
out in a note under section 1701q of Title 12, Banks and
Banking.
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, § 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, § 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, § 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 sen-

Page 4582

tence of subsec. (d) repealed the second proviso of section 1451(c) of this title.
AMENDMENTS
2003—Subsec. (t). Pub. L. 108–186 added subsec. (t).
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, § 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, § 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, § 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, § 929, added subsec. (s).
1990—Subsec. (r)(1). Pub. L. 101–625, § 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, § 954(a)(2), added subpar. (K).
Subsec. (r)(3). Pub. L. 101–625, § 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, § 954(a)(4)(A), inserted ‘‘and collecting and maintaining data for such
purposes’’ after ‘‘subsection’’.

Page 4583

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (r)(4)(B). Pub. L. 101–625, § 954(a)(4)(B), inserted ‘‘and to collect and maintain data for such purposes’’ after ‘‘paragraph (2)’’.
1989—Subsec. (e). Pub. L. 101–235, § 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, § 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, § 123(2), struck out
‘‘of continuous session of Congress’’ before ‘‘prior to its
being published’’.
Subsec. (o)(3). Pub. L. 101–235, § 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, § 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, § 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, § 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, § 106, added subsec. (q).
Subsec. (r). Pub. L. 101–235, § 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, § 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, § 324, added subsec. (o).
Subsec. (p). Pub. L. 95–557, § 908, added subsec. (p).
1976—Subsec. (c). Pub. L. 94–375, § 17(d), substituted
‘‘six’’ for ‘‘seven’’ in proviso.

§ 3535

Subsec. (n). Pub. L. 94–375, § 21, added subsec. (n).
1970—Subsec. (e). Pub. L. 91–609, § 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, § 905, added subsecs.
(h) to (l).
Subsec. (m). Pub. L. 91–609, § 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, § 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

§ 3536

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 2year 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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 3536. Annual reports
The Secretary shall, as soon as practicable
after the end of each calendar year, make a report to the President for submission to the Congress on the activities of the Department during
the preceding calendar year. The report required
under this section shall include the reports required 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.)
CODIFICATION
Section was formerly classified to section 624e of
former Title 5, Executive Departments and Govern-

Page 4584

ment Officers and Employees, prior to the general revision and enactment of Title 5, Government Organization 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 required under this section shall include the reports required 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.’’
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 programs of the Department of Housing and Urban Development 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 sufficient to measure progress.
‘‘(3) REPORT.—The Secretary shall include in the Secretary’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 standard 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 performance goal, and recommend any legislative or regulatory 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] descriptions 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 required 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 coordinate such efforts, to the greatest extent possible, with
activities and responsibilities under section 8 of the Department of Housing and Urban Development Act [42
U.S.C. 3536].’’

§ 3537. Separability
Notwithstanding any other evidence of the intent of Congress, it is hereby declared to be the
intent of Congress that if any provision of this