§ 3503. General Counsel; appointment; compensation; chief legal officer; duties. CODIFICATION Section, act July 31, 1956, ch. 802, § 2, 70 Stat. 733, provided for the appointment and compensation of a General Counsel in the Department of Health, Education, and Welfare, and has been omitted in view of section 3504 of this title, which abolished the office as it existed on July 31, 1956, upon appointment and qualification of General Counsel provided for by section 3504(a) of this title, or April 1, 1957 whichever occurred earlier. See section 3504(b) of this title. § 3504. General Counsel; appointment. (a) The President shall appoint on and after July 31, 1956, by and with the advice and consent of the Senate, a General Counsel of the Department of Health, Education, and Welfare. (b) The existing office of General Counsel of the Department of Health, Education, and Welfare shall be abolished effective upon the appointment and qualification of the General Counsel provided for by subsection (a) of this section or April 1, 1957, whichever is earlier. (July 31, 1956, ch. 804, title III, § 301, 70 Stat. 742.) CROSS REFERENCES Annual rate of basic compensation of General Counsel, see section 5315 of Title 5, Government Organization and Employees. § 3505. Seal. The Secretary of the Department of Health, Education, and Welfare is authorized to adopt an official seal to be used as directed by the said Secretary on appropriate occasions in connection with the functions of such Department or of any office, bureau, board, or establishment which is or shall hereafter become a part of such Department, and such seal shall be judicially noticed. Copies of any books, records, papers, or other documents in the Department of Health, Education, and Welfare shall be admitted in evidence equally with the originals thereof when authenticated under such seal. (May 9, 1941, ch. 97, 55 Stat. 184; 1953 Reorg. Plan No. I, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 3501 of this title. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1. CREATION OF FEDERAL SECURITY AGENCY The Federal Security Agency was creaated by 1939 Reorg. Plan No. 1, § 201, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, set out in the Appendix to Title 5, Government Organization and Employees. § 3505a. Office of Population Affairs; establishment; Deputy Assistant Secretary for Population Affairs; appointment; staff and consultants. (a) There is established within the Department of Health, Education, and Welfare an Office of Population Affairs to be directed by a Deputy Assistant Secretary for Population Affairs under the direct supervision of the Assistant Secretary for Health and Scientific Affairs. The Deputy Assistant Secretary for Population Affairs shall be appointed by the Secretary. (b) The Secretary is authorized to provide the Office of Population Affairs with such full-time professional and clerical staff and with the services of such consultants as may be necessary for it to carry out its duties and functions. (Pub. L. 91-572, § 3, Dec. 24, 1970, 84 Stat. 1504.) § 3505b. Functions and duties of Deputy Assistant Secretary for Population Affairs. The Secretary shall utilize the Deputy Assistant Secretary for Population Affairs (1) to administer all Federal laws for which the Secretary has administrative responsibility and which provide for or authorize the making of grants or contracts related to population research and family planning programs; (2) to administer and be responsible for all population and family planning research carried on directly by the Department of Health, Education, and Welfare or supported by the Department through grants to, or contracts with, entities and individuals; (3) to act as a clearinghouse for information pertaining to domestic and international population research and family planning programs for use by all interested persons and public and private entities; (4) to provide a liaison with the activities carried on by other agencies and instrumentalities of the Federal Government relating to population research and family planning; (5) to provide or support training for necessary manpower for domestic programs of population research and family planning programs of service and research; and (6) to coordinate and be responsible for the evaluation of the other Department of Health, Education, and Welfare programs related to population research and family planning and to make periodic recommendations to the Secretary. (Pub. L. 91-572, § 4, Dec. 24, 1970, 84 Stat. 1505.) § 3505c. Plans and reports. (a) Not later than six months after December 24, 1970, the Secretary shall make a report to the Congress setting forth a plan, to be carried out over a period of five years, for extension of family planning services to all persons desiring such services, for family planning and population research programs, for training of necessary manpower for the programs authorized by title X of the Public Health Service Act and other Federal laws for which the Secretary has responsibility, and for carrying out the other purposes set forth in this Act and in such title X. (b) Such a plan shall, at a minimum, indicate on a phased basis (1) the number of individuals to be served by family planning programs under title X of the Public Health Service Act and other Federal laws for which the Secretary has responsibility, the types of family planning and population growth information and educational materials to be developed under such laws and how they will be made available, the research goals to be reached under such laws, and the manpower to be trained under such laws; (2) an estimate of the costs and personnel requirements needed to meet these objectives; and (3) the steps to be taken to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations for the Department of Health, Education, and Welfare shall be based. (c) on or before January 1, 1972, and on or before each January 1 thereafter for a period of five years, the Secretary shall submit to the Congress a report which shall— (1) compare results achieved during the preceding fiscal year with the objectives established for such year under the plan; (2) indicate steps being taken to achieve the objectives during the remaining fiscal years of the plan and any revisions necessary to meet these objectives; and (3) make recommendations with respect to any additional legislative or administrative action necessary or desirable in carrying out the plan. (Pub. L. 91-572, § 5, Dec. 24, 1970, 84 Stat. 1505.) REFERENCES IN TEXT Title X of the Public Health Service Act, referred to in the text, is Title X of the Act of July 1, 1944, and is classified to subchapter VIII of chapter 6A of this title. This Act, referred to in the text, is Pub. L. 91-572. For distribution of such Act, see Short Title note set out under section 300 of this title. § 3506. Travel and subsistence expenses of officers and employees in connection with attendance at meetings or in performing advisory services. To the extent and under the conditions provided by regulations of the Secretary, officers (including commissioned officers of the Public Health Service) and employees of the Department of Health, Education, and Welfare may on and after June 29, 1957, in connection with their attendance at meetings or in performing advisory services concerned with the functions or activities of the Department, be permitted to accept payment, in cash or in kind, from non-Federal agencies, organizations, and individuals, for travel and subsistence expenses, to be retained by them to cover the cost thereof or deposited to the credit of the appropriation from which the cost thereof is paid, as may be provided in such regulations. (Pub. L. 85-67, title II, § 211, June 29, 1957, 71 Stat. 224.) § 3507. Transfer of personnel and household goods; delegation of Secretary's authority. The Secretary of Health, Education, and Welfare may delegate to such officers and employees as he may designate for the purpose all his authority in connection with the transfer of personnel and household goods and effects from one official station to another. (July 12, 1943, ch. 221, title II, § 201, 57 Stat. 513; 1953 Reorg. Plan No. I, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 3501 of this title. The Federal Security Agency and the office of Administra tor were abolished by section 8 of said 1953 Reorg. Plan No. 1. SIMILAR PROVISIONS Section is from the Labor-Federal Security Appropriation Act, 1944. Similar provisions were carried in the following acts: 1942-July 2, 1942, ch. 475, title II, § 201, 56 Stat. 587; Apr. 28, 1942, ch. 247, title III, § 301, 56 Stat. 235. § 3508. Motor vehicle transfers between bureaus and offices. The Secretary is authorized to make such transfers of motor vehicles, between bureaus and offices, without transfer of funds, as may be required in carrying out the operations of the Department. (Pub. L. 91-667, title II, § 202, Jan. 11, 1971, 84 Stat. 2015.) SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 89-156, title II, § 202, Aug. 31, 1965, 79 Stat. 608; Pub. L. 89-787, title II, § 202, No. 7, 1966, 80 Stat. 1400; Pub. L. 90-132, title II, § 202, Nov. 8, 1967, 81 Stat. 407; Pub. L. 90-557, title II, § 202, Oct. 11, 1968, 82 Stat. 991; Pub. L. 91-204, title II, § 202, Mar. 5, 1970, 84 Stat. 43. § 3509. Annual report on advisory councils. (a) Not later than March 31 of each calendar year after 1970, the Secretary of the Department of Health, Education, and Welfare shall submit a report on the activities of advisory councils (established or organized pursuant to any applicable statute of the Public Health Service Act, as amended, or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, as amended) to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and occupations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each advisory council. (b) If the Secretary determines that a statutory advisory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. (c) As used in this section, the term "statutory advisory council" means any committee, board, commission, council, or other similar group established or organized pursuant to any applicable statute to advise and make recommendations with respect to the administration or improvement of an applicable program or other related matter. (Pub. L. 91-513, title IV, § 1200, Oct. 27, 1970, 84 Stat. 1296.) REFERENCES IN TEXT The Public Health Service Act, as amended, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified to section 201 et seq. of Title 42, The Public Health and Welfare. The Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, as amended, referred to in subsec. (a), is Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as amended, which is classified principally to section 2661 et seq. of this title. § 3510. Working Capital Fund; availability for centralized personnel data collection and reporting and common regional administrative support services. The Working Capital Fund of the Department of Health, Education, and Welfare shall on and after Sec. 3531. 3532. 3533. Congressional declaration of purpose. Establishment of Department. (a) Designation; appointment and supervision of Secretary. (b) General duties of Secretary. (c) Denial or limitation of benefits of depart- Officers of Department. (b) Assistant Secretary for Administration; ap- designation; powers and duties; studies of urban and community problems and recommendations for administration of Federal programs affecting such problems. (d) Assistant to Secretary; designation, duty to provide information and advice to nonprofit project sponsors. 3533a. Federal Insurance Administrator; establishment of position. 3534. Transfer of functions. (a) Housing and Home Finance Agency, Federal Housing Administration, and Public Housing Administration. (b) Government National Mortgage Association. (c) Studies of organization of housing and urban development functions and programs and recommendations regarding transfer of such functions and programs to or from the Department. 3535. Administrative provisions. (a) Transfer of personnel, assets, etc. (b) Repealed. (c) Employment, compensation, authority, and duties of personnel. (d) Delegation of authority; rules and regulations. (e) Temporary employment of experts or consultants; compensation. (f) Working capital fund; establishment; uses; appropriations; capitalization; reimburse ment. (g) Seal. (h) Financial transactions, finality; checking accounts for funds in Treasury; availability of funds for administrative expenses; consolidation of cash for banking and checking purposes. (1) Foreclosure of property; actions for protection and enforcement rights; purchase of property; dealing with property after such acquisition; deprivation of State court civil and criminal jurisdiction; impairment of civil rights under State laws; application of section 5 of Title 41; annual payments in lieu of local property taxes; sale and exchanges of property; insurance; modification of interest, time for installment payment, and other terms; other covenants, conditions, and provisions. (1) Fees and charges. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 12 section 1701d-4. § 3531. Congressional declaration of purpose. The Congress hereby declares that the general welfare and security of the Nation and the health and living standards of our people require, as a matter of national purpose, sound development of the Nation's communities and metropolitan areas in which the vast majority of its people live and work. To carry out such purpose, and in recognition of the increasing importance of housing and urban development in our national life, the Congress finds that establishment of an executive department is desirable to achieve the best administration of the principal programs of the Federal Government which provide assistance for housing and for the development of the Nation's communities; to assist the President in achieving maximum coordination of the various Federal activities which have a major effect upon urban community, suburban, or metropolitan development; to encourage the solution of problems of housing, urban development, and mass transportation through State, county, town, village, or other local and private action, including promotion of interstate, regional, and metropolitan cooperation; to encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries to housing, urban development, and the national economy; and to provide for full and appropriate consideration, at the national level, of the needs and interests of the Nation's communities and of the people who live and work in them. (Pub. L. 89–174, § 2, Sept. 9, 1965, 79 Stat. 667.) EFFECTIVE DATE: INTERIM APPOINTMENTS Section 11 of Pub. L. 89-174 provided that: "(a) The provisions of this Act [enacting this chapter and amending sections 101 and 5312 of Title 5 Government Organization and Employees, section 19(d)(1) of Title 3, section 1723 of Title 12, and section 1451 (c) of this title shall take effect upon the expiration of the first period of sixty calendar days following the date on which this Act is approved by the President [Sept. 9, 1965], or on such earlier date as the President shall specify by Executive order published in the Federal Register, except that any of the officers provided for in sections 3(a), 4(a), and 4(b) of this Act [sections 3532(a), 3533 (a), and 3533 (b) of this title] may be nominated and appoinited, as provided in such sections, at any time after the date this Act is approved by the President [Sept. 9, 1965]. "(b) In the event that one or more officers required by this Act [enacting sections 3531-3533 of this title and amending sections 101 and 5312 of Title 5, section 19 (d) (1) of Title 3, section 1723 of Title 12, and section 1451 (c) of this title], to be appointed, by and with the advice and consent of the Senate, shall not have entered upon office on the effective date of this Act, the President may designate any person who was an officer of the Housing and Home Finance Agency immediately prior to said effective date to act in such office until the office is filled as provided in this Act or until the expiration of the first period of sixty days following said effective date, whichever shall first occur. While so acting such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act." SHORT TITLE Section 1 of Pub. L. 89-174 provided; "That this Act [which enacted this chapter, amended former sections 1 and 2211 of Title 5 (now covered by sections 101 and 5312 of Title 5, Government Organization and Employees), section 19 (d) (1) of Title 3, The President, section 1723 of Title 12, Banks and Banking, and section 1451 (c) of this title may be cited as the 'Department of Housing and Urban Development Act'." SAVINGS PROVISIONS: ABATEMENT OF ACTIONS; CONTINUATION OF RULES, REGULATIONS, ETC.; REFERENCES IN OTHER LAWS TO HOUSING AND HOME FINANCE AGENCY; LAPSE OF AGENCIES Section 9 of Pub. L. 89-174 provided that: "(a) No cause of action by or against any agency whose functions are transferred by this Act [see Short Title note under this section and section 3534 of this title], or by or against any officer of any agency in his official capacity, shall abate by reason of this enactment. Such causes of action may be asserted by or against the United States or such official of the Department as may be appropriate. "(b) No suit, action, or other proceeding commenced by or against any agency whose functions are transferred by this Act [see Short Title note under this section and section 3534 of this title], or by or against any officer of any such agency in his official capacity, shall abate by reason of the enactment of this Act. A court may at any time during the pendency of the litigation, on its own motion or that of any party, order that the same may be maintained by or against the United States or such official of the Department as may be appropriate. "(c) Except as may be otherwise expressly provided in this Act [see Short Title note under this section], all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. All rules, regulations, orders, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to applicable law, prior to the effective date of this Act [see Effective Date note under this section] by any agency, officer, or office pertaining to any functions, powers, and duties transferred by this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded by the Secretary or such other officer or office of the Department as, in accordance with applicable law, may be appropriate. With respect to any function, power, or duty transferred by or under this Act and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or to any officer, office, or agency therein, except the Federal National Mortgage Association and its officers, shall be deemed to mean the Secretary. The positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of this Act [section 3534 (a) of this title] shall lapse." TERMINATION OF COUNCIL FOR URBAN AFFAIRS The Council for Urban Affairs established by Ex. Ord. No. 11452, Jan. 3, 1969, 34 F.R. 1223, as amended, was terminated and its functions transferred to the Domestic Council, see section 2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as a note under section 16 of Title 31, Money and Finance. The provisions covering the functions transferred directed the council to advise and assist the President with respect to urban affairs and to perform such other duties as the President might from time to time prescribe. In addition to such duties, the Council was directed to: (1) Assist the President in the development of a national urban policy, having regard both to immediate and to long-range concerns, and to priorities among them. (2) Promote the coordination of Federal programs in urban areas. (3) Encourage the fullest cooperation between Federal, State, and city governments, with special concern for the maintenance of local initiative and local decision making. (4) Ensure that policies concerning urban affairs shall extend to the relations of urban, suburban, and rural areas, to programs affecting them, and to the movement of population between them. (5) Seek constant improvement in the actual delivery of public services to citizens. (6) Foster the decentralization of government with the object that program responsibilities will be vested to the greatest possible extent in state and local government. (7) Encourage the most effective role possible for voluntary organizations in dealing with urban concerns. (8) Meet with and advise the President on the occasion of emergency situations, or conditions threatening the maintenance of civil order or civil rights. § 3532. Establishment of Department. (a) Designation; appointment and Secretary. supervision of 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 aud1 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. (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 1 So in original. or any other Act to any community on the basis of its population or corporate status, except as may be expressly provided by law. (Pub. L. 89-174, § 3, Sept. 9, 1965, 79 Stat. 667; Pub. L. 90-83, § 10(b), Sept. 11, 1967, 81 Stat. 223.) REFERENCES IN TEXT In the original, "this chapter," referred to in subsec. (c), read "this Act", meaning the Department of Housing and Urban Development Act. For distribution of that Act in the Code, see Short Title note under section 3531 of this title. AMENDMENTS 1967-Subsec. (a). Pub. L. 90-83 struck out provision for the compensation to be paid the 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 3347 of Title 5, Government Organization and Employees. 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 achieveing 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 intergovermental 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. |