HR 6864 — HUD Accountability Act of 2024

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ACT

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 administrative provisions

 Sec. 7. (a) 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 5 of this 
Act are hereby transferred with such functions, powers, and 
duties, respectively.
 (c) 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 Act and to prescribe their authority and duties: Provided, 
That any other provisions 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 Federal Executive 
Salary Schedule provided by the Federal Executive Salary Act of 
1964.
 (d) 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. The second proviso 
of section 101(c) of the Housing Act of 1949 is hereby 
repealed.
 (e) The Secretary may obtain services as authorized by 
section 15 of the Act of August 2, 1946, 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, United States Code. 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) 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 stocks of 
supplies and equipment on hand or on order as the Secretary 
shall direct. Such funds 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) 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) 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 Treasurer 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) 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 3709 of the Revised Statutes 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) 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)(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 
bequest 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) 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, United 
States Code, for persons in the Government service employed 
intermittently.
 (m) Whenever he shall determine that, because of location, or 
other considerations, any rental housing project assisted under 
title II of the National Housing Act 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) 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)(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 the date of 
enactment of this subsection and at least semiannually 
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 the date of enactment of this subsection 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.
 (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) 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 effects 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 the 
 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)(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)(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 and II of the United States Housing Act 
 of 1937;
 (B) section 202 of the Housing Act of 1959;
 (C) section 106 of the Housing and Urban Development 
 Act of 1968;
 (D) the Fair Housing Act;
 (E) title I and section 810 of the Housing and 
 Community Development Act of 1974;
 (F) section 201 of the Housing and Community 
 Development Amendments of 1978;
 (G) the Congregate Housing Services Act of 1978;
 (H) section 222 of the Housing and Urban-Rural 
 Recovery Act of 1983;
 (I) section 561 of the Housing and Community 
 Development Act of 1987;
 (J) title IV of the Stewart B. McKinney Homeless 
 Assistance Act; and
 (K) titles II, III, and IV and section 811 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)(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 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.
 (u) Annual Testimony.--During the 5-year period beginning on 
the date of the enactment of this subsection, the Secretary 
shall appear before the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate at an annual hearing and 
present testimony regarding the operations of the Department 
during the preceding year, including regarding the following 
topics:
 (1) The progress made by the Federal Government in 
 ending the affordable housing and homelessness crises.
 (2) The current programs and operations of the 
 Department.
 (3) The physical condition of all public housing and 
 other housing assisted by the Department.
 (4) The financial health of the mortgage insurance 
 funds of the FHA.
 (5) Oversight by the Department of grantees and sub-
 grantees for purposes of preventing waste, fraud, and 
 abuse.
 (6) The effects of the changes made in 2017 to the 
 Federal income tax deduction for State and local taxes 
 (known as the SALT deduction) on the cost of 
 homeownership in the United States, except that this 
 paragraph shall not apply at any time that such tax 
 deduction is in effect in the same form and manner as 
 immediately before such 2017 changes.
 (7) Other ongoing activities of the Department, as 
 appropriate.

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