42 Usc 3533

§ 3533

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 infor-

Page 3540

mation, 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.

§ 3533. Officers of Department
(a) Deputy Secretary, Assistant Secretaries, and
General Counsel
There shall be in the Department a Deputy
Secretary, eight Assistant Secretaries, and a
General Counsel, who shall be appointed by the
President by and with the advice and consent of
the Senate, and who shall perform such functions, powers, and duties as the Secretary shall
prescribe from time to time.
(b) Federal Housing Commissioner
There shall be in the Department a Federal
Housing Commissioner, who shall be one of the
Assistant Secretaries, who shall head a Federal
Housing Administration within the Department,
who shall have such duties and powers as may be
prescribed by the Secretary, and who shall administer, under the supervision and direction of
the Secretary, departmental programs relating
to the private mortgage market. The Secretary
shall ensure, to the extent practicable, that
managers of Federal Housing Administration
programs, at each level of the Department, shall
be accountable for program operation, risk management, management of cash and other Federal
assets, and program financing related to activities over which such managers have responsibility.
(c) Director of Urban Program Coordination;
designation; powers and duties; studies of
urban and community problems and recommendations for administration of Federal
programs affecting such problems
There shall be in the Department a Director of
Urban Program Coordination, who shall be designated by the Secretary. He shall assist the
Secretary in carrying out his responsibilities to
the President with respect to achieving maximum coordination of the programs of the various departments and agencies of the Government which have a major impact on community
development. In providing such assistance, the
Director shall make such studies of urban and
community problems as the Secretary shall re-

Page 3541

TITLE 42—THE PUBLIC HEALTH AND WELFARE

quest, and shall develop recommendations relating to the administration of Federal programs
affecting such problems, particularly with respect to achieving effective cooperation among
the Federal, State, and local agencies concerned. Subject to the direction of the Secretary, the Director shall, in carrying out his responsibilities, (1) establish and maintain close
liaison with the Federal departments and agencies concerned and (2) consult with State, local,
and regional officials, and consider their recommendations with respect to such programs.
(d) Assistant to Secretary; designation; duty to
provide information and advice to nonprofit
project sponsors
There shall be in the Department an Assistant
to the Secretary, designated by the Secretary,
who shall be responsible for providing information and advice to nonprofit organizations desiring to sponsor housing projects assisted under
programs administered by the Department.
(e) Special Assistant for Indian and Alaska Native Programs; report to Congress
(1)(A) There shall be in the Department a Special Assistant for Indian and Alaska Native Programs, who shall be located in the Office of the
Assistant Secretary for Public and Indian Housing. The Special Assistant for Indian and Alaska
Native Programs shall be designated by the Secretary not later than 60 days after October 12,
1977.
(B) The Special Assistant for Indian and Alaska Native Programs shall be appointed based
solely on merit and shall be covered under the
provisions of title 5 governing appointments in
the competitive service.
(C) The Special Assistant for Indian and Alaska Native Programs shall be responsible for—
(i) administering, in coordination with the
relevant office in the Department, the provision of housing assistance to Indian tribes or
Indian housing authorities under each program of the Department that provides for such
assistance;
(ii) administering the community development block grant program for Indian tribes
under title I of the Housing and Community
Development Act of 1974 [42 U.S.C. 5301 et seq.]
and the provision of assistance to Indian tribes
under such Act;
(iii) directing, coordinating, and assisting in
managing any regional offices of the Department that administer Indian programs to the
extent of such programs; and
(iv) coordinating all programs of the Department relating to Indian and Alaska Native
housing and community development.
(D) The Secretary shall include in the annual
report under section 3536 of this title a description of the extent of the housing needs for Indian families and community development needs
of Indian tribes in the United States and the activities of the Department, and extent of such
activities, in meeting such needs.
(2) The Secretary shall, not later than December 1 of each year, submit to Congress an annual
report which shall include—
(A) a description of his actions during the
current year and a projection of his activities
during the succeeding years;

§ 3533

(B) estimates of the cost of the projected activities for succeeding fiscal years;
(C) a statistical report on the conditions of
Indian and Alaska Native housing; and
(D) recommendations for such legislative,
administrative, and other actions, as he deems
appropriate.
(f) Federal Housing Administration Comptroller
There shall be in the Department a Federal
Housing
Administration
Comptroller,
designated by the Secretary, who shall be responsible for overseeing the financial operations of
the Federal Housing Administration.
(Pub. L. 89–174, § 4, Sept. 9, 1965, 79 Stat. 668; Pub.
L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub.
L. 90–284, title VIII, § 808(b)(1), Apr. 11, 1968, 82
Stat. 84; Pub. L. 90–448, title XVII, § 1708(a), Aug.
1, 1968, 82 Stat. 606; Pub. L. 91–609, title IX, § 917,
Dec. 31, 1970, 84 Stat. 1816; Pub. L. 93–383, title
VIII, § 818(a), Aug. 22, 1974, 88 Stat. 740; Pub. L.
95–128, title IX, § 901, Oct. 12, 1977, 91 Stat. 1148;
Pub. L. 101–235, title I, §§ 121, 122, 140, Dec. 15,
1989, 103 Stat. 2021, 2030; Pub. L. 101–509, title V,
§ 529 [title I, § 112(a)(4)], Nov. 5, 1990, 104
Stat.1427, 1454; Pub. L. 101–576, title II, § 205(c)(2),
Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–550, title
IX, § 902(a)(1), Oct. 28, 1992, 106 Stat. 3866.)
REFERENCES IN TEXT
The provisions of title 5 governing appointments in
the competitive service, referred to in subsec. (e)(1)(B),
are classified generally to section 3301 et seq. of Title
5, Government Organization and Employees.
The Housing and Community Development Act of
1974, referred to in subsec. (e)(1)(C)(ii), is Pub. L. 93–383,
Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Act
is classified principally to chapter 69 (§ 5301 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 5301 of
this title and Tables.
CODIFICATION
Section was formerly classified to section 624b 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, § 1, Sept. 1, 1966,
80 Stat. 378.
AMENDMENTS
1992—Subsec. (e)(1). Pub. L. 102–550 designated existing provisions as subpar. (A), substituted ‘‘located in
the Office of the Assistant Secretary for Public and Indian Housing’’ for ‘‘responsible for coordinating all programs of the Department relating to Indian and Alaska
Native housing and community development’’, and
added subpars. (B) through (D).
1990—Subsec. (a). Pub. L. 101–509 substituted ‘‘a Deputy Secretary’’ for ‘‘an Under Secretary’’.
Subsec. (e). Pub. L. 101–576 struck out subsec. (e),
added by section 121 of Pub. L. 101–235, which related to
Chief Financial Officer.
1989—Subsec. (a). Pub. L. 101–235, § 140(2), designated
second sentence of subsec. (a), relating to appointment,
function, and duties of Federal Housing Commissioner,
as (b).
Subsec. (b). Pub. L. 101–235, § 140, designated second
sentence of subsec. (a), relating to appointment, function, and duties of Federal Housing Commissioner, as
subsec. (b) and sentence at end requiring Secretary to
ensure that managers are accountable for certain aspects of the programs. Former subsec. (b) redesignated
(c).
Subsecs. (c), (d). Pub. L. 101–235, § 140(1), redesignated
subsecs. (b) and (c) as (c) and (d), respectively. Former
subsec. (d) redesignated (e).

§ 3533a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (e). Pub. L. 101–235, § 140(1), redesignated
former subsec. (d), relating to Special Assistant for Indian and Alaska Native Programs, as (e).
Pub. L. 101–235, § 121, added subsec. (e) relating to
Chief Financial Officer.
Subsec. (f). Pub. L. 101–235, § 122, added subsec. (f).
1977—Subsec. (d). Pub. L. 95–128 added subsec. (d).
1974—Subsec. (a). Pub. L. 93–383, § 818(a)(1), increased
number of Assistant Secretaries from six to eight.
Subsec. (b). Pub. L. 93–383, § 818(a)(2), (3), redesignated
former subsec. (c) as (b). Former subsec. (b), which related to appointment and functions of an Assistant
Secretary for Administration, was struck out.
Subsecs. (c), (d). Pub. L. 93–383, § 818(a)(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated
(b).
1970—Subsec. (d). Pub. L. 91–609 added subsec. (d).
1968—Subsec. (a). Pub. L. 90–448 increased number of
Assistant Secretaries from five to six.
Pub. L. 90–284 increased number of Assistant Secretaries from four to five.
1967—Subsec. (a). Pub. L. 90–83 struck out provision
setting compensation for the Under Secretary, Assistant Secretaries, and General Counsel.
Subsec. (b). Pub. L. 90–83 struck out provision covering the compensation to be paid the Assistant Secretary for Administration.
EFFECTIVE DATE OF 1990 AMENDMENT; CONTINUED
SERVICE BY INCUMBENTS
Amendment by Pub. L. 101–509 effective on first day
of first pay period that begins on or after Nov. 5, 1990,
with continued service by incumbent Under Secretary
of Housing and Urban Development, see section 529
[title I, § 112(e)(1), (2)(D)] of Pub. L. 101–509, set out as
a note under section 3404 of Title 20, Education.
EFFECTIVE DATE; INTERIM APPOINTMENTS
Nomination and appointment of Under Secretary, Assistant Secretaries, General Counsel, Federal Housing
Commissioner, and Assistant Secretary for Administration of Department of Housing and Urban Development
any time after Sept. 9, 1965, and interim designation
and compensation of officers of Housing and Home Finance Agency for those offices upon non-entry upon the
offices 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.
TRANSFER OF FUNCTIONS
Section 902(a)(2), (3) of Pub. L. 102–550 provided that:
‘‘(2) TRANSFER OF FUNCTIONS.—Not later than the expiration of the 180-day period beginning on the date of
the enactment of this Act [Oct. 28, 1992], the Secretary
of Housing and Urban Development shall transfer to
the Special Assistant for Indian and Alaska Native Programs any functions and duties described in section
4(e)(1)(B) of the Department of Housing and Urban Development Act [42 U.S.C. 3533(e)(1)(B)] (as added by
paragraph (1) of this subsection).
‘‘(3) STAFF.—Not later than the expiration of the 1year period beginning on the date of the enactment of
this Act, the Secretary of Housing and Urban Development shall transfer from offices within the Department
of Housing and Urban Development to the office of the
Special Assistant for Indian and Alaska Native Programs such staff, having experience and capacity to administer Indian housing and community development
programs, as may be necessary and appropriate to assist the Special Assistant in carrying out the responsibilities under section 4(e)(1)(B) of the Department of
Housing and Urban Development Act (as added by paragraph (1) of this subsection).’’
OFFICE OF INSPECTOR GENERAL
Functions, powers, and duties of Office of Inspector
General in Department of Housing and Urban Development transferred to Office of Inspector General in De-

Page 3542

partment of Housing and Urban Development, as established by Pub. L. 95–452, § 2, Oct. 12, 1978, 92 Stat. 1101,
set out in the Appendix to Title 5, Government Organization and Employees. See section 9(a)(1)(G) of Pub. L.
95–452, as amended, set out in Appendix to Title 5.
CROSS REFERENCES
Compensation of deputy secretaries, assistant secretaries, general counsels, and assistant secretaries for
administration of Executive departments, see section
5311 et seq. of Title 5, Government Organization and
Employees.
Classification of civilian positions, see section 5101 et
seq. of Title 5.

§ 3533a. Transferred
Section, Pub. L. 90–448, title XI, § 1105(a), Aug. 1, 1968,
82 Stat. 567; Pub. L. 96–153, title VI, § 603(a), Dec. 21,
1979, 93 Stat. 1138, which established in Federal Emergency Management Agency position of Federal Insurance Administrator, was transferred to section 4129 of
this title.

§ 3534. Transfer of functions
(a) Housing and Home Finance Agency, Federal
Housing Administration, and Public Housing
Administration
Except as otherwise provided in subsection (b)
of this section, there are hereby transferred to
and vested in the Secretary all of the functions,
powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration
in that Agency, and of the heads and other officers and offices of said agencies.
(b) Government National Mortgage Association
The Government National Mortgage Association, together with its functions, powers, and
duties, is hereby transferred to the Department.
(c) Studies of organization of housing and urban
development functions and programs and
recommendations regarding transfer of such
functions and programs to or from Department
The President shall undertake studies of the
organization of housing and urban development
functions and programs within the Federal Government, and he shall provide the Congress with
the findings and conclusions of such studies, together with his recommendations regarding the
transfer of such functions and programs to or
from the Department. Notwithstanding any
other provision of this chapter, none of the functions of the Secretary of the Interior authorized
under the Land and Water Conservation Fund
Act of 1965 [16 U.S.C. 460l–4 et seq.] or other functions carried out by the Bureau of Outdoor
Recreation shall be transferred from the Department of the Interior or in any way be limited
geographically unless specifically provided for
by reorganization plan pursuant to provisions of
chapter 9 of title 5, or by statute.
(d) Prohibition of merger of Office
Notwithstanding any other provision of this
chapter, the Secretary may not merge or consolidate the Office of Federal Housing Enterprise Oversight of the Department, or any of the
functions or responsibilities of such Office, with
any function or program administered by the
Secretary.