
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11504]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 120--ENTERPRISE ZONE DEVELOPMENT
 
Sec. 11504. Waiver or modification of housing and community 
        development rules in enterprise zones
        

(a) In general

    Upon the written request of the governments that designated and 
approved an area that has been designated as an enterprise zone under 
section 11501 of this title, the Secretary of Housing and Urban 
Development (or, with respect to any rule issued under title V of the 
Housing Act of 1949 [42 U.S.C. 1471 et seq.], the Secretary of 
Agriculture) may, in order to further the job creation, community 
development, or economic revitalization objectives of the zone, waive or 
modify all or part of any rule that the Secretary has authority to 
promulgate, as such rule pertains to the carrying out of projects, 
activities, or undertakings within the zone.

(b) Limitation

    No provision of this section may be construed to authorize the 
Secretary to waive or modify any rule adopted to carry out a statute or 
Executive order that prohibits, or the purpose of which is to protect 
persons against, discrimination on the basis of race, color, religion, 
sex, marital status, national origin, age, or handicap.

(c) Submission of requests

    A request under subsection (a) of this section shall specify the 
rule or rules to be waived or modified and the change proposed, and 
shall briefly describe why the change would promote the achievement of 
the job creation, community development, or economic revitalization 
objectives of the enterprise zone. If a request is made to the Secretary 
of Agriculture, the requesting governments shall send a copy of the 
request to the Secretary of Housing and Urban Development at the time 
the request is made.

(d) Consideration of requests

    In considering a request, the Secretary shall weigh the extent to 
which the proposed change is likely to further job creation, community 
development, or economic revitalization within the enterprise zone 
against the effect the change is likely to have on the underlying 
purposes of applicable statutes in the geographic area that would be 
affected by the change. The Secretary shall approve the request whenever 
the Secretary finds, in the discretion of the Secretary, that the public 
interest that the proposed change would serve in furthering such job 
creation, community development or economic revitalization outweighs the 
public interest that continuation of the rule unchanged would serve in 
furthering such underlying purposes. The Secretary shall not approve any 
request to waive or modify a rule if that waiver or modification would--
        (1) directly violate a statutory requirement; or
        (2) be likely to present a significant risk to the public 
    health, including environmental health or safety.

(e) Notice of disapproval

    If a request is disapproved, the Secretary shall inform the 
requesting governments in writing of the reasons therefor and shall, to 
the maximum extent possible, work with such governments to develop an 
alternative, consistent with the standards contained in subsection (d) 
of this section.

(f) Period for determination

    The Secretary shall discharge the responsibilities of the Secretary 
under this section in an expeditious manner, and shall make a 
determination on requests not later than 90 days after their receipt.

(g) Applicable procedures

    A waiver or modification of a rule under subsection (a) of this 
section shall not be considered to be a rule, rulemaking, or regulation 
under chapter 5 of title 5. To facilitate reaching a decision on any 
requested waiver or modification, the Secretary may seek the views of 
interested parties and, if the views are to be sought, determine how 
they should be obtained and to what extent, if any, they should be taken 
into account in considering the request. The Secretary shall publish a 
notice in the Federal Register stating any waiver or modification of a 
rule under this section.

(h) Effect of subsequent amendment of rules

    In the event that the Secretary proposes to amend a rule for which a 
waiver or modification under this section is in effect, the Secretary 
shall not change the waiver or modification to impose additional 
requirements unless the Secretary determines, consistent with standards 
contained in subsection (d) of this section, that such action is 
necessary.

(i) Expiration of waivers and modifications

    No waiver or modification of a rule under this section shall remain 
in effect for a longer period than the period for which the enterprise 
zone designation remains in effect for the area in which the waiver or 
modification applies.

(j) Definitions

    For purposes of this section:

                              (1) Rule

        The term ``rule'' means--
            (A) any rule as defined in section 551(4) of title 5; or
            (B) any rulemaking conducted on the record after opportunity 
        for an agency hearing pursuant to sections 556 and 557 of title 
        5.

                            (2) Secretary

        The term ``Secretary'' means the Secretary of Housing and Urban 
    Development or, with respect to any rule issued under title V of the 
    Housing Act of 1949 [42 U.S.C. 1471 et seq.], the Secretary of 
    Agriculture.

(Pub. L. 100-242, title VII, Sec. 704, Feb. 5, 1988, 101 Stat. 1962.)

                       References in Text

    The Housing Act of 1949, referred to in subsecs. (a) and (j)(2), is 
act July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the 
Housing Act of 1949 is classified generally to subchapter III (Sec. 1471 
et seq.) of chapter 8A of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 1441 of 
this title and Tables.
