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42 U.S.C. § 3547 — Special projects

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3547 — Special projects

§ 3547. Special projects (1) In general (A) Release of funds In order to assure that the policies of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Sec- retary) are most effectively implemented in connection with the expenditure of funds for special projects appropriated under an appro- priations Act for the Department of Housing and Urban Development, such as special projects under the head ‘‘Annual Contribu- tions for Assisted Housing’’ in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and to as- sure to the public undiminished protection of the environment, the Secretary of Housing and Urban Development may, under such regu- lations, in lieu of the environmental protec- tion procedures otherwise applicable, provide for the release of funds for particular special projects upon the request of recipients of spe- cial projects assistance, if the State or unit of general local government, as designated by the Secretary in accordance with regulations, assumes all of the responsibilities for environ- mental review, decisionmaking, and action pursuant to such Act, and such other provi- sions of law as the regulations of the Sec- retary specify, that would otherwise apply to the Secretary were the Secretary to undertake such special projects as Federal projects. (B) Implementation The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. Such regulations shall— (i) provide for monitoring of the perform- ance of environmental reviews under this section; (ii

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Page 5944 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3546 the Department of Housing and Urban Development Act which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriation acts: Pub. L. 118–42, div. F, title II, § 216, Mar. 9, 2024, 138 Stat. 378. Pub. L. 117–328, div. L, title II, § 216, Dec. 29, 2022, 136 Stat. 5175. Pub. L. 117–103, div. L, title II, § 216, Mar. 15, 2022, 136 Stat. 759. Pub. L. 116–260, div. L, title II, § 216, Dec. 27, 2020, 134 Stat. 1897. Pub. L. 116–94, div. H, title II, § 216, Dec. 20, 2019, 133 Stat. 3004. Pub. L. 116–6, div. G, title II, § 218, Feb. 15, 2019, 133 Stat. 460. Pub. L. 115–141, div. L, title II, § 219, Mar. 23, 2018, 132 Stat. 1033. Pub. L. 115–31, div. K, title II, § 220, May 5, 2017, 131 Stat. 784. Pub. L. 114–113, div. L, title II, § 221, Dec. 18, 2015, 129 Stat. 2893. Pub. L. 113–235, div. K, title II, § 222, Dec. 16, 2014, 128 Stat. 2754. Pub. L. 112–55, div. C, title II, § 228, Nov. 18, 2011, 125 Stat. 701. Pub. L. 111–117, div. A, title II, § 228, Dec. 16, 2009, 123 Stat. 3103. Pub. L. 111–8, div. I, title II, § 233, Mar. 11, 2009, 123 Stat. 979. § 3546. Use of domestic products (a) Prohibition against fraudulent use of ‘‘Made in America’’ labels A person shall not intentionally affix a label bearing the inscription of ‘‘Made in America’’, or any inscription with that meaning, to any product sold in or shipped to the United States, if that product is not a domestic product. (b) Report The Secretary of Housing and Urban Develop- ment and the Secretary of Agriculture shall each submit, before January 1, 1994, a report to the Congress on procurements of products that are not domestic products. (c) ‘‘Domestic product’’ defined For the purposes of this section, the term ‘‘do- mestic product’’ means a product— (1) that is manufactured or produced in the United States; and (2) at least 50 percent of the cost of the arti- cles, materials, or supplies of which are mined, produced, or manufactured in the United States. (Pub. L. 102–550, title IX, § 920, Oct. 28, 1992, 106 Stat. 3883.) Editorial Notes CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1992, and not as part of the Department of Housing and Urban Development Act which comprises this chapter. § 3547. Special projects (1) In general (A) Release of funds In order to assure that the policies of the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Sec- retary) are most effectively implemented in connection with the expenditure of funds for special projects appropriated under an appro- priations Act for the Department of Housing and Urban Development, such as special projects under the head ‘‘Annual Contribu- tions for Assisted Housing’’ in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and to as- sure to the public undiminished protection of the environment, the Secretary of Housing and Urban Development may, under such regu- lations, in lieu of the environmental protec- tion procedures otherwise applicable, provide for the release of funds for particular special projects upon the request of recipients of spe- cial projects assistance, if the State or unit of general local government, as designated by the Secretary in accordance with regulations, assumes all of the responsibilities for environ- mental review, decisionmaking, and action pursuant to such Act, and such other provi- sions of law as the regulations of the Sec- retary specify, that would otherwise apply to the Secretary were the Secretary to undertake such special projects as Federal projects. (B) Implementation The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. Such regulations shall— (i) provide for monitoring of the perform- ance of environmental reviews under this section; (ii) in the discretion of the Secretary, pro- vide for the provision or facilitation of training for such performance; and (iii) subject to the discretion of the Sec- retary, provide for suspension or termi- nation by the Secretary of the assumption under subparagraph (A). (C) Responsibilities of State or unit of general local government The Secretary’s duty under subparagraph (B) shall not be construed to limit any responsi- bility assumed by a State or unit of general local government with respect to any par- ticular release of funds under subparagraph (A). (2) Procedure The Secretary shall approve the release of funds for projects subject to the procedures au- thorized by this section only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects, the re- cipient submits to the Secretary a request for such release, accompanied by a certification of the State or unit of general local government which meets the requirements of paragraph (3). The Secretary’s approval of any such certifi- cation shall be deemed to satisfy the Secretary’s responsibilities under the National Environ- mental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such other provisions of law as the regula- tions of the Secretary specify insofar as those Page 5945 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3549 responsibilities relate to the releases of funds for special projects to be carried out pursuant thereto which are covered by such certification. (3) Certification A certification under the procedures author- ized by this section shall— (A) be in a form acceptable to the Secretary; (B) be executed by the chief executive officer or other officer of the State or unit of general local government who qualifies under regula- tions of the Secretary; (C) specify that the State or unit of general local government under this section has fully carried out its responsibilities as described under paragraph (1); and (D) specify that the certifying officer— (i) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law speci- fied in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (1); and (ii) is authorized and consents on behalf of the State or unit of general local govern- ment and himself or herself to accept the ju- risdiction of the Federal courts for the pur- pose of enforcement of the responsibilities as such an official. (4) Approval by States In cases in which a unit of general local gov- ernment carries out the responsibilities de- scribed in paragraph (1), the Secretary may per- mit the State to perform those actions of the Secretary described in paragraph (2) and the per- formance of such actions by the State, where permitted by the Secretary, shall be deemed to satisfy the Secretary’s responsibilities referred to in the second sentence of paragraph (2). (Pub. L. 103–233, title III, § 305(c), Apr. 11, 1994, 108 Stat. 372.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in pars. (1)(A), (2), and (3)(D)(i), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified gen- erally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Ap- propriations Act, 1993, referred to in par. (1)(A), is Pub. L. 102–389, Oct. 6, 1992, 106 Stat. 1571. Provisions under the head ‘‘Annual Contributions for Assisted Housing’’ in title II of the Act appear at 106 Stat. 1582 and are not classified to the Code. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Multifamily Hous- ing Property Disposition Reform Act of 1994, and not as part of the Department of Housing and Urban Develop- ment Act which comprises this chapter. § 3548. Semiannual report on contracts and task orders The Secretary shall submit semi-annually to the Committees on Appropriations a list of all contracts and task orders issued under such con- tracts in excess of $250,000 which were entered into during the prior 6-month period by the Sec- retary, the Government National Mortgage As- sociation, and the Office of Federal Housing En- terprise Oversight (or by any officer of the De- partment of Housing and Urban Development, the Government National Mortgage Association, or the Office of Federal Housing Enterprise Oversight acting in his or her capacity to rep- resent the Secretary or these entities). Each listing shall identify the parties to the contract, the term and amount of the contract, and the subject matter and responsibilities of the par- ties to the contract. (Pub. L. 105–18, title II, § 10001, June 12, 1997, 111 Stat. 201.) Editorial Notes CODIFICATION Section was enacted as part of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Ef- forts, Including Those in Bosnia, and not as part of the Department of Housing and Urban Development Act which comprises this chapter. § 3549. Investigation of violations Notwithstanding any other provision of law, on and after February 20, 2003, the Chief Finan- cial Officer of the Department of Housing and Urban Development shall, in consultation with the Budget Officer, have sole authority to inves- tigate potential or actual violations under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.) and all other statutes and regulations related to the obligation and expenditure of funds made avail- able in this, or any other Act; shall determine whether violations exist; and shall submit final reports on violations to the Secretary, the President, the Office of Management and Budget and the Congress in accordance with applicable statutes and Office of Management and Budget circulars. (Pub. L. 108–7, div. K, title II, Feb. 20, 2003, 117 Stat. 499.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, and also as part of the Consolidated Appropriations Resolu- tion, 2003, and not as part of the Department of Housing and Urban Development Act which comprises this chap- ter. Statutory Notes and Related Subsidiaries DUTIES OF CHIEF FINANCIAL OFFICER Pub. L. 109–115, div. A, title III, Nov. 30, 2005, 119 Stat. 2457, which provided that the Chief Financial Officer es- tablish control of and maintain adequate systems of ac- counting for appropriations and other available funds as required by 31 U.S.C. 1514, and further provided that, for purposes of funds control and Anti-Deficiency Act (31 U.S.C. 1341 et seq.) violation determinations, the point of obligation was to be the executed agreement or contract, with certain exceptions, and that the Chief Financial Officer was to appoint and train qualified

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1341 — Limitations on expending and obligating amounts

**(a)** (1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. **(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. **(c)** (1) In this subsection— (A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018; (B) the term “District of Columbia public employer” means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government; (C) the term “employee” includes an officer; and (D) the term “excepted employee” means an excepted employee or an employee performing

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1341 — Limitations on expending and obligating

§ 1341. Limitations on expending and obligating amounts (a)(1) Except as specified in this subchapter or any other provision of law, an officer or em- ployee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or ob- ligation exceeding an amount available in an Page 175 TITLE 31—MONEY AND FINANCE § 1342 appropriation or fund for the expenditure or obligation; (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; (C) make or authorize an expenditure or ob- ligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) involve either government in a contract or obligation for the payment of money re- quired to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) This subsection does not apply to a cor- poration getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. (b) An article to be used by an executive de- partment in the District of Columbia that could be bought out of an appropriation made to a reg- ular contingent fund of the department may not be bought out of another amount available for obligation. (c)(1) In this subsection— (A) the term ‘‘covered lapse in appropria- tions’’ means any lapse in appropriations that begins on or after December 22, 2018; (B) the term ‘‘District of Columbia public employer’’ means— (i) the District of Columbia Courts; (ii) the Public Defender Service for the District of Columbia; or (iii) the District of Columbia government; (C) the term ‘‘employee’’ includes an off

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1514 — Administrative division of apportionments

**(a)** The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to— (1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and (2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment. **(b)** To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1514 — Administrative division of apportion-

§ 1514. Administrative division of apportion- ments (a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the ap- proval of the President, the head of each execu- tive agency (except the Commission) shall pre- scribe by regulation a system of administrative control not inconsistent with accounting proce- dures prescribed under law. The system shall be designed to— (1) restrict obligations or expenditures from each appropriation to the amount of appor- tionments or reapportionments of the appro- priation; and (2) enable the official or the head of the ex- ecutive agency to fix responsibility for an ob- ligation or expenditure exceeding an appor- tionment or reapportionment. (b) To have a simplified system for adminis- tratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative di- vision for each appropriation affecting the unit. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 930.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1514(a) ..... 31:665(g)(2d sen- tence). R.S. § 3679(g)(2d sentence); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93–618, § 175(a)(2), 88 Stat. 2011. 1514(b) ..... 31:665(g)(last sen- tence). R.S. § 3679(g)(last sentence); added Aug.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3547 — Special projects

(1) **In general** (A) *Release of funds* — In order to assure that the policies of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds for special projects appropriated under an appropriations Act for the Department of Housing and Urban Development, such as special projects under the head “Annual Contributions for Assisted Housing” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and to assure to the public undiminished protection of the environment, the Secretary of Housing and Urban Development may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular special projects upon the request of recipients of special projects assistance, if the State or unit of general local government, as designated by the Secretary in accordance with regulations, assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such special projects as Federal projects. (B) *Implementation* — The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. Such regulations shall— (i) provide for monitoring of the performance o

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

§ 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his en- vironment; to promote efforts which will pre- vent or eliminate damage to the environment and biosphere and stimulate the health and wel- fare of man; to enrich the understanding of the ecological systems and natural resources impor- tant to the Nation; and to establish a Council on Environmental Quality. (Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. S, § 102(a), Dec. 27, 2020, 134 Stat. 2243, provided that: ‘‘This section [enacting section 16298 of this title, amending sections 4370m and 7403 of this title, and enacting provisions set out as a note under section 4370m of this title] may be cited as the ‘Utilizing Significant Emissions with Innovative Tech- nologies Act’ or the ‘USE IT Act’.’’ SHORT TITLE Pub. L. 91–190, § 1, Jan. 1, 1970, 83 Stat. 852, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Environmental Policy Act of 1969’.’’ ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE Pub. L. 117–169, title VI, § 60112, Aug. 16, 2022, 136 Stat. 2072, provided that: ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to develop and carry out a program to support the development, enhanced standardization and transparency, and reporting criteria for environ- mental product declarations that include measure- m

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