
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3532]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 44--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 3532. Establishment of Department


(a) Designation; appointment and supervision of Secretary

    There is hereby established at the seat of government an executive 
department to be known as the Department of Housing and Urban 
Development (hereinafter referred to as the ``Department''). There shall 
be at the head of the Department a Secretary of Housing and Urban 
Development (hereinafter referred to as the ``Secretary''), who shall be 
appointed by the President by and with the advice and consent of the 
Senate. The Department shall be administered under the supervision and 
direction of the Secretary.

(b) General duties of Secretary

    The Secretary shall, among his responsibilities, advise the 
President with respect to Federal programs and activities relating to 
housing and urban development; develop and recommend to the President 
policies for fostering the orderly growth and development of the 
Nation's urban areas; exercise leadership at the direction of the 
President in coordinating Federal activities affecting housing and urban 
development; provide technical assistance and information, including a 
clearinghouse service to aid State, county, town, village, or other 
local governments in developing solutions to community and metropolitan 
development problems; consult and cooperate with State Governors and 
State agencies, including, when appropriate, holding informal public 
hearings, with respect to Federal and State programs for assisting 
communities in developing solutions to community and metropolitan 
development problems and for encouraging effective regional cooperation 
in the planning and conduct of community and metropolitan development 
programs and projects; encourage comprehensive planning by the State aud 
\1\ local governments with a view to coordinating Federal, State, and 
local urban and community development activities; encourage private 
enterprise to serve as large a part of the Nation's total housing and 
urban development needs as it can and develop the fullest cooperation 
with private enterprise in achieving the objectives of the Department; 
and conduct continuing comprehensive studies, and make available 
findings, with respect to the problems of housing and urban development.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``and''.
---------------------------------------------------------------------------

(c) Denial or limitation of benefits of departmental programs, 
        functions, or activities on basis of population or corporate 
        status of community

    Nothing in this chapter shall be construed to deny or limit the 
benefits of any program, function, or activity assigned to the 
Department by this chapter or any other Act to any community on the 
basis of its population or corporate status, except as may be expressly 
provided by law.

(d) Coordination of housing and urban development programs in enterprise 
        zones

    The Secretary shall--
        (1) promote the coordination of all programs under the 
    jurisdiction of the Secretary that are carried on within an 
    enterprise zone designated pursuant to section 11501 of this title;
        (2) expedite, to the greatest extent possible, the consideration 
    of applications for programs referred to in paragraph (1) through 
    the consolidation of forms or otherwise; and
        (3) provide, whenever possible, for the consolidation of 
    periodic reports required under programs referred to in paragraph 
    (1) into one summary report submitted at such intervals as may be 
    designated by the Secretary.

(Pub. L. 89-174, Sec. 3, Sept. 9, 1965, 79 Stat. 667; Pub. L. 90-83, 
Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 100-242, title VII, 
Sec. 705, Feb. 5, 1988, 101 Stat. 1963.)

                       References in Text

    This chapter, referred to in subsec. (c), was in the original ``this 
Act'', meaning Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 667, as amended, 
known as the Department of Housing and Urban Development Act, which 
enacted this chapter, amended section 1451 of this title, sections 1 and 
2211 of former Title 5, Executive Departments and Government Officers 
and Employees, section 19 of Title 3, The President, and section 1723 of 
Title 12, Banks and Banking, and enacted provisions set out as notes 
under section 3531 of this title. Section 1 of former Title 5 was 
repealed and reenacted as section 101 of Title 5, Government 
Organization and Employees, and section 2211 of former Title 5 was 
repealed and reenacted as sections 5312 to 5317 of Title 5 by Pub. L. 
89-554, Sept. 6, 1966, 80 Stat. 378. For complete classification of this 
Act to the Code, see Short Title note set out under section 3531 of this 
title and Tables.

                          Codification

    Section was formerly classified to section 624a of former Title 5, 
Executive Departments and Government Officers and Employees, prior to 
the general revision and enactment of Title 5, Government Organization 
and Employee by Pub. L. 89-554, Sec. 1, Sept. 1, 1966, 80 Stat. 378.


                               Amendments

    1988--Subsec. (d). Pub. L. 100-242 added subsec. (d).
    1967--Subsec. (a). Pub. L. 90-83 struck out provision for 
compensation of Secretary.


                  Effective Date; Interim Appointments

    Nomination and appointment of Secretary of Housing and Urban 
Development any time after Sept. 9, 1965, and interim designation and 
compensation of officer of Housing and Home Finance Agency for that 
office upon nonentry upon the office upon expiration of first period of 
sixty calendar days following Sept. 9, 1965, or on earlier date 
specified by Executive order, see section 11 of Pub. L. 89-174, set out 
as a note under section 3531 of this title.


                           Order of Succession

    For order of succession in event of vacancy in office of Secretary, 
or during his absence or disability, see Ex. Ord. No. 11274, Mar. 30, 
1966, 31 F.R. 5243, set out as a note under section 3345 of Title 5, 
Government Organization and Employees.


      Office of Lead Based Paint Abatement and Poisoning Prevention

    Pub. L. 102-389, title II, Oct. 6, 1992, 106 Stat. 1593, provided in 
part that: ``Notwithstanding any other provision of this or any other 
Act with respect to any fiscal year, the Office of Lead-Based Paint 
Abatement and Poisoning Prevention shall be contained within the Office 
of the Secretary, and said Office shall have ultimate responsibility 
within the Department of Housing and Urban Development, except for the 
Secretary, for all matters related to the abatement of lead in housing, 
and research related to lead abatement, consistent with the 
responsibilities outlined for the Office in Senate Report 102-107.''
    Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 753, provided in 
part: ``That there shall be established, in the Office of the Secretary, 
an Office of Lead Based Paint Abatement and Poisoning Prevention to be 
headed by a career Senior Executive Service employee who shall be 
responsible for all lead-based paint abatement and poisoning prevention 
activities (including, but not limited to, research, abatement, training 
regulations and policy development): Provided further, That such office 
shall be allocated a staffing level of twenty staff years.''


  Condominium and Cooperative Study and Report; Submission to Congress

    Pub. L. 93-383, title VII, Sec. 821, Aug. 22, 1974, 88 Stat. 740, 
authorized the Secretary of Housing and Urban Development to conduct a 
full and complete investigation and study, and report to Congress not 
later than one year after Aug. 22, 1974, with respect to condominiums 
and cooperatives, and the problems, difficulties, and abuses or 
potential abuses applicable to condominium and cooperative housing.

        Ex. Ord. No. 11297. Coordination of Federal Urban Program

    Ex. Ord. No. 11297, Aug. 11, 1966, 31 F.R. 10765, provided:
    WHEREAS our Nation has become predominantly urban in character and 
is confronted by serious problems arising from inherited urban decay and 
rapid urban growth; and
    WHEREAS the living standards and general welfare of its people 
depend upon the solution of the problems of urban life; and
    WHEREAS the Congress has provided in the Department of Housing and 
Urban Development Act [see Short Title note under section 3531 of this 
title] that the Secretary of Housing and Urban Development (hereinafter 
referred to as the Secretary) shall ``advise the President with respect 
to Federal programs and activities relating to housing and urban 
development; develop and recommend to the President policies for 
fostering the orderly growth and development of the Nation's urban 
areas; and exercise leadership at the direction of the President in 
coordinating Federal activities affecting housing and urban 
development''; and
    WHEREAS such activities are closely interrelated with other 
important Federal activities affecting urban areas so that there is a 
need for maximum consultation and cooperation among Federal departments 
and agencies in their administration of programs having impact on urban 
areas; and
    WHEREAS such consultation and cooperation are also essential to 
enable the Secretary to carry out his responsibilities under that Act to 
``provide technical assistance and information, including a 
clearinghouse service to aid State, county, town, village, or other 
local governments in developing solutions to community and metropolitan 
development problems; consult and cooperate with State Governors and 
State agencies . . . with respect to Federal and State programs for 
assisting communities in developing solutions to community and 
metropolitan development problems and for encouraging effective regional 
cooperation in the planning and conduct of community and metropolitan 
development programs and projects''.
    NOW, THEREFORE, by virtue of the authority vested in me as President 
of the United States by the Constitution and laws of the United States, 
it is ordered as follows:
    Section 1. Functions of the Secretary of Housing and Urban 
Development. (a) To assist the Secretary in carrying out his 
responsibilities pursuant to the Department of Housing and Urban 
Development Act, he shall convene, or authorize his representatives to 
convene, meetings at appropriate times and places of the heads, or 
representatives designated by them, of such Federal departments and 
agencies with programs affecting urban areas as he deems necessary or 
desirable for the following purposes:
    (1) To provide a forum for consideration of mutual problems 
concerning Federal programs and activities affecting the development of 
urban areas and for the exchange of current information needed to 
achieve coordination of, and to avoid duplication in, such programs and 
activities.
    (2) To promote cooperations among Federal departments and agencies 
in achieving consistent policies, practices, and procedures for 
administration of their programs affecting urban areas.
    (3) To consult with and obtain the advice of the Federal departments 
and agencies with respect to:
    (A) consultation and cooperation with State Governors and State and 
local agencies concerning Federal and State programs for assisting 
communities;
    (B) provision of technical information, a clearinghouse service, and 
other assistance to State and local governments in solving community and 
metropolitan development problems; and
    (C) encouragement of comprehensive planning of, and effective 
regional cooperation in, local urban, community, and metropolitan 
development activities.
    (4) To identify urban development problems of particular States, 
metropolitan areas, or communities which require interagency or 
intergovernmental coordination.
    (b) The Secretary shall make arrangements with such Federal 
departments and agencies for working groups to consider special problems 
arising with respect to matters described in subsection (a) of this 
section.
    Section 2. Agency responsibilities. The heads of Federal departments 
and agencies have programs which have an impact on urban areas, or 
representatives designated by them, shall participate in meetings 
convened pursuant to this Order and, to the extent permitted by law and 
funds available, shall furnish information, at the request of the 
Secretary, pertaining to programs within the responsibilities of such 
departments or agencies, and such additional information as will assist 
the Secretary in providing a clearinghouse service to aid State and 
local governments in developing solutions to community and metropolitan 
development problems.
    Section 3. Construction. Nothing in this Order shall be construed as 
subjecting any function vested by law in, or assigned pursuant to law 
to, any Federal department or agency or head thereof to the authority of 
any other agency or officer or as abrogating or restricting any such 
function in any manner.
    Section 4. Administrative arrangements. (a) Each executive 
department and agency participating under section 1 or section 2 shall 
furnish necessary assistance for effectuating the provisions of this 
Order as authorized by section 214 of the Act of May 3, 1945, 59 Stat. 
134 (31 U.S.C. 691) [31 U.S.C. 1346(b)].
    (b) The Department of Housing and Urban Development shall provide 
necessary administrative services pursuant to this Order.
                                                      Lyndon B. Johnson.


                            Cross References

    Compensation of Secretary, see section 5312 of Title 5, Government 
Organization and Employees.
