Sec. 4. Establishment of authority
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There is established within the Department of Housing and Urban Development an independent authority to be known as the Housing Development Authority , to carry out the purposes set forth in section 5. Except as otherwise provided expressly by law, all Federal laws concerning public or Federal contracts, property, works, officers, employees, budgets, or funds, including chapters 5 and 7 of title 5, United States Code, shall apply to the exercise of the powers of the Authority.
Notwithstanding any other provision of law, including the Department of Housing and Urban Development Act of 1965 ( 42 U.S.C. 3531 et seq. ), the Secretary may not— intervene in any matter or proceeding before the Authority; or merge or consolidate the Authority, or any of the functions or responsibilities of the Authority, with any division or office of the Department. No action of the Authority shall be subject to approval or review by the Secretary, and the Secretary may not delay or prevent any action by the Authority.
Any real property acquired by the Authority shall be acquired in perpetuity with the authority to convey properties to eligible entities. The Authority shall be governed by a Board of Directors. The Board shall consist of 15 members appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chairperson. Of the 15 members of the Board— 9 shall be appointed under subparagraph (C); and 6 shall be appointed under subparagraph (D).
Of the 9 members of the Board appointed under this subparagraph (referred to in this subsection as stakeholder members )— 2 shall be appointed from among the officers of Federal agencies who have experience and expertise with affordable and low-income housing and community development and financing, but at no time may more than 1 member be from any single such agency; 2 shall represent labor organizations, as that term is defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ), of which building and construction employees are members; 2 shall have expertise in housing finance, housing development, or housing management; 2 shall have technical expertise in architecture, affordable housing construction and financing, urban planning, or engineering; and 1 shall be an expert in fair housing and civil rights.
In appointing members under clause (i), the President— shall appoint not less than 1 individual who has extensive expertise in climate, environmental justice, or sustainable building; and shall appoint a mix of individuals with experience in rural, urban, and Native communities. The 6 members of the Board appointed under this subparagraph (referred to in this subsection as resident Board members ) shall be residents of public housing or permanently affordable social housing. The Authority shall publish notice of the expiration of the term of a resident Board member not later than 90 days before the date of the expiration.
If a vacancy occurs during the term of a resident Board member— the Authority shall publish notice of the vacancy not later than 10 business days after the vacancy occurs; and the President shall appoint the successor resident Board member within a reasonable time after the expiration of 60 days following the provision of notice under subclause (I). A member of the Board shall serve for a term of 4 years or until the member’s successor has been appointed, except as provided in subparagraphs
(B)and (C). As designated by the President at the time of appointment— of the stakeholder members first appointed in accordance with paragraph (2)(C)— 4 shall be appointed for terms of 2 years each; and 5 shall be appointed for terms of 4 years each; and of the resident members first appointed in accordance with paragraph (2)(D)— 3 shall be appointed for terms of 4 years each; and 3 shall be appointed for terms of 6 years each. Any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member of the Board may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made. No part of any earnings of the Authority shall inure to the benefit of any member of the Board. The proceedings of the Board shall be open to the public. Each member of the Board shall complete a training program, as developed by the Authority— not later than 90 days after being appointed or reappointed to the Board; and not less frequently than once every 2 years thereafter. The Authority shall establish and implement a comprehensive training program for members of the Board on the proper management of the Authority, including applicable laws and topics relating to— open meetings; public records; conflicts of interest; uniform procurement; housing finance; fraud prevention; fiduciary responsibilities; fair housing; tenant selection, occupancy, and participation policies; prohibiting discrimination in housing; and best practices relating to the general inspection, maintenance, and repair of dwelling units and capital improvements in public housing and other social housing. The Authority shall provide independent technical assistance training to resident Board members with the goal of enabling resident Board members and members of tenant organizations to participate fully in the oversight of the Authority’s operation and capital planning. The Authority shall permit residents of public housing and social housing who are not members of the Board to attend technical assistance training provided under clause (i). The Authority shall develop the training program provided under clause
(i)in consultation with— the Secretary; government officials; residents of public housing and social housing; and public housing and social housing advocacy and industry professional organizations. The Authority may issue bonds guaranteed by the United States to carry out the purposes of this Act, which bonds shall be legal investments for— the deposits and the income derived therefrom of savings banks; the trust funds of trust companies; the capital and other funds of insurance companies; and funds over which the Department of the Treasury has exclusive control. The bonds, notes, and certificates of indebtedness under this subsection shall constitute negotiable instruments for all purposes. The bonds, notes, and certificates of indebtedness under this subsection— may be payable from the income of the Authority or constitute a general obligation thereof; may be sold at not less than par, at public or private sale; may contain any covenants, terms, and conditions, as determined by the Authority, that are not inconsistent with law; and may be issued with or without the corporate seal. The Board may make such bylaws, rules, and regulations, not inconsistent with this Act, as may be necessary for the proper conduct of the affairs of the Authority, including provisions for— compensation of members of the Board; and the removal, resignation, or suspension of members of the Board. The Authority may select, employ, and fix the compensation of such officers, employees, attorneys, or agents as shall be necessary for the performance of the duties of the Authority under this Act, without regard to the provisions of other laws applicable to the employment or compensation of officers, employees, attorneys, or agents of the United States, notwithstanding section 4(a)(2). No officer, employee, attorney, or agent employed by the Authority shall be paid compensation at a rate in excess of the rate provided for the members of the Board. The Authority— shall pay such proportion of the salary and expenses of the members of the Board, including resident Board members, and of its officers and employees as the Board may determine to be equitable, including childcare, transportation, and any other necessary accommodations; and may operate out of the physical locations of each of the Federal Home Loan Banks, upon making reasonable compensation to the Federal Home Loan Bank, as determined by the Board. The Board may establish a principal office and regional offices of the Authority as the Board considers appropriate to carry out the responsibilities of the Authority. The Authority may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. The Authority may provide operating assistance to its properties and collect surplus cash, as defined by the Secretary. In the acquisition and development process of the Authority’s technology infrastructure, the Authority shall— focus on the needs of users and take into consideration, to the extent practicable— the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and the relevant successor documents or recommendations of the guidelines described in clause (i); use modern, relevant privacy- and security-enhancing technology; and plan for the ongoing operations and maintenance of its systems and products to ensure their ongoing capability. The 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note; Public Law 115–336 ) shall apply to the Authority in the same manner as that Act applies to an Executive agency, except that— any reference in that Act to the head of an Executive agency shall be deemed to be a reference to the Board; and any reference in that Act to the Chief Information Officer of an Executive agency shall be deemed to be a reference to an equivalent employee of the Authority.
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- Pub. L. 115-336
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