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Title 42 — The Public Health and Welfare

Chapter 44 — Department of Housing and Urban Development

§ 3534. Transfer of functions

Statutory text

(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 chapter 2003 of title 54 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Housing and Urban Development Act

    Pub. L. 89–174 § 5 · 79 Stat. 667

    Enacted · 42 U.S.C. § 3534

    Pub. L. 89–174, § 5, Sept. 9, 1965, 79 Stat. 669

    Source evidence

    Code source credit
    Pub. L. 89–174, § 5, Sept. 9, 1965, 79 Stat. 669

    Enacted provision · exact public law section
    Sec. 5. transfers to department (a) 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 hi that Agency, and of the heads and other officers and offices of said agencies. (b) The Federal National Mortgage Association, together with its functions, powers, and duties, is hereby transferred to the Department. The next to the last sentence of section 308 of the Federal National Repeats. 68 Stat. 620. 12 USC 1723. 78 Stat. 421. 5 USC 2211. Mortgage Association Charter Act and the item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 are hereby repealed, and the position of the President or said Association is hereby allocated among the positions referred to in section 7(c) hereof. (c) The President shall undertake studies of the organization of Report to Congress. 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 Act, none of the functions of the Secretary of the Interior authorized under the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) 16 USC 460l–4 note. 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 the Reorganization Act of 1949 (63 Stat. 203), as amended, or by statute. 5 USC 133z note.

  2. Pub. L. 90–83 § 10(b) · 81 Stat. 195

    Repealed · 42 U.S.C. § 3534(b)

    Pub. L. 90–83 struck out “and the item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 of this title” after “The next to the last sentence of section 1723 of title 12” in repealing provision

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–83 struck out “and the item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 of this title” after “The next to the last sentence of section 1723 of title 12” in repealing provision.

    Enacted provision · exact public law section
    (b) The laws specified in the following schedule are repealed except Repeals. with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided by section 9 of this Act: STATUTES AT LARGE Date Chapter Section Statutes at Large Volume Page 1877         Feb.  27 69 1 (11th full paragraph on p. 251) 19 251 1894         July  1 221 1   118 1867         Jan.  3 12 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 354 1890         July  26 721 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 28 292 1895         Mar.  2 186 (Last paragraph) 28 843 1895         Apr.  21 184 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 30 380 1913         Oct.  22 32 1 (last 2 paragraphs on p. 223 38 223 1917         Feb.  2 125 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 39 942 1928         May  22 684 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 45 710 1938         Apr.  3 73 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 52 200 Date Public Law Section Statutes at Large   Volume Page 1958         June  20 85–462 9 72 213 1960         Sept.  8 86–722 (8th paragraph on p. 828) 74 828 Sept.  13 86–778 542(a) 74 985 1962         Oct.  11 87–793 602(c) 76 846 Do   87–703 1007 76 868 1964         Aug.  11 88–426 125 78 412 Aug.  19   205 78 488 Sept.  3 88–580 6(c) (3d through 13th words) 78 906 1966         Aug.  9 80–116 4 79 449 Aug.  26 88–138 801 (b), (e) 79 569, 570 Sept.  9 89–174 8(a) (last sentence) 70 667 Do   89–174 4 (a) (words between 4th and 9th commas In 1st sentence), 79 008     (b) (last 29 words).     Do   80–174 8(b) (as applicable to sec. 303(e) (94) of the Federal Executive Salary Act of 1964). 79 660 Do   89–174 8(b) 79 689 Sept.  27 89–205 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 79 840 Sept.  29 89–200 5(d) (1) (2d sentenee) 79 847 Do   89–306 7(b) (1) (2d sentence) 79 850 Oct.  2 89–234 1(h) (last sentence) 79 903 Oct.  9 89–253 1 79 973 Oct.  19 89–261 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 70 987 Do   89–Z71   79 985 Oct.  29 89–801 1–3. 8. 11(d), 18, 16(b)–(d), 16–18 79 mi, iiiz, 1118–1120, 1122–1124 Nov.  1 80–314 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 79 1162 Nov.  8 89–329 515(b) 70 1257 Do   80–332 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 79 1281 Do   80–348 1(18) 79 1311 STATUTES AT LARGE—Continued Date Chapter Section Statutes at Large Volume Page 1966         Feb.  19 89–355 3(a) (1st sentence, less 1st 20 words) 80 6 Mar.  3 89–868 11 80 28 Mar.  23 89–373 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 78 Mar.  30 89–378 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 93 Do 89–380 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 94 Mar.  31 89–383 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 98 Apr.  26   _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 131 June  8 89–444 4 80 198 June  29 89–478 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 231 July  4 89–488 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 252 July  5 89–502 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 30 262 July  18 89–504 1, 101–103,108 (b)-(d), 109 80 288, 289, 293 Do 89–504 302(d) 80 295 Do 89–504 404, (a)–(c), 405–408, 410 80 207–300 Do 89–504 501–509 80 300–303 Do 89–504 601–603 80 303 Do 89–504 701 80   July  19 89–512 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 318 July  1 89–516 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 323 Sept.  9 89–563 115 (words after 2d comma In 2d sentence) 80 727 Do 89–564 201 (words after 2d comma Ln 2d sentence) 80 735 Do 89–664 206 80 736 Sept.  26 80–604 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 80 846 Oct.  15 89–670 8(f)(1) (last 15 words In 2d sentence) 80 M2 Do 80–670 3(f)(2) (last 15 words In M sentence) 80 982 Do 80–673 1,2 (less applicability tn fl 0), 3–5, 7, 8 (1) and (2) 80 952 Nov.  2 89–702 208(e) 80 1096 Do 89–737 2–4 80 1164 Nov.  8 89–794 100 80 1468 Do 89–794 801 “Sec, 804(b) (as applicable to fl 106(c) of the Economic Opportunity Act of 1964). ” 80 1474

  3. Housing and Urban Development Act of 1968

    Pub. L. 90–448 title VIII § 807(c) · 82 Stat. 476

    1. Substituted · 42 U.S.C. § 3534(b)

      Pub. L. 90–448 substituted “Government National Mortgage Association” for “Federal National Mortgage Association”

    2. Struck · 42 U.S.C. § 3534(b)

      Pub. L. 90–448 struck out provisions which allocated the position of the President of the Federal National Mortgage Association among the positions referred to in section 3535(c) of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 90–448 substituted “Government National Mortgage Association” for “Federal National Mortgage Association”, and struck out provisions which allocated the position of the President of the Federal National Mortgage Association among the positions referred to in section 3535(c) of this title.

    Enacted provision · exact public law section
    (c) Section 5(b) of the Department of Housing and Urban 79 stat. 669. 42 USC 3534. Development Act is amended— (1) by striking out “The Federal” and inserting in lieu thereof “The Government”; and (2) by striking out “, and the position of the President of said Association is hereby allocated among the positions referred to in section 7(c) hereof”.

    Effective date note
    Amendment by Pub. L. 90–448 effective from and after a date, no more than 120 days following Aug. 1, 1968, as established by the Secretary of Housing and Urban Development, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.

  4. Federal Housing Enterprises Financial Safety and Soundness Act of 1992

    Pub. L. 102–550 title XIII § 1352 · 106 Stat. 3672

    Added · 42 U.S.C. § 3534(d)

    Pub. L. 102–550 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–550 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 1352. PROHIBITION OF MERGER OF OFFICE. Section 5 of the Department of Housing and Urban Development Act (42 U.S.C. 3534) is amended by adding at the end the following new subsection: (d) Notwithstanding any other provision of this Act, 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. ”.

  5. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 div. A title I § 1161(f) · 122 Stat. 2654

    Struck · 42 U.S.C. § 3534(d)

    Pub. L. 110–289 struck out subsec. (d) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–289 struck out subsec. (d) which read as follows: “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.”

    Enacted provision · exact public law section
    (f) Amendment to Department of Housing and Urban Development Act.— Section 5 of the Department of Housing and Urban Development Act (42 U.S.C. 3534) is amended by striking subsection (d).

  6. Pub. L. 113–287 § 5(k)(3) · 128 Stat. 3094

    Substituted · 42 U.S.C. § 3534(c)

    Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”.

    Enacted provision · exact public law section
    (3) Section 5(c) of the Department of Housing and Urban Development Act (42 U.S.C. 3534(c)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code,”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 89–174, , 79 Stat. 667, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3531 of this title and Tables.

Codification

In subsec. (c) “chapter 9 of title 5” substituted for “the Reorganization Act of 1949, as amended,” on authority of Pub. L. 89–554, § 7(b), , 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 624c of former Title 5, Executive Departments and Government Officers and Employees, prior to the general revision and enactment of Title 5, Government Organization and Employees by Pub. L. 89–554, § 1, , 80 Stat. 378.

Amendments1967–2014 · 5 rounds

2014

Subsec. (c). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)”.

2008

Subsec. (d). Pub. L. 110–289 struck out subsec. (d) which read as follows: “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.”

1992

Subsec. (d). Pub. L. 102–550 added subsec. (d).

1968

Subsec. (b). Pub. L. 90–448 substituted “Government National Mortgage Association” for “Federal National Mortgage Association”, and struck out provisions which allocated the position of the President of the Federal National Mortgage Association among the positions referred to in section 3535(c) of this title.

1967

Subsec. (b). Pub. L. 90–83 struck out “and the item numbered (94) of section 303(e) of the Federal Executive Salary Act of 1964 of this title” after “The next to the last sentence of section 1723 of title 12” in repealing provision.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–448 effective from and after a date, no more than 120 days following , as established by the Secretary of Housing and Urban Development, see section 808 of Pub. L. 90–448, set out as an Effective Date note under section 1716b of Title 12, Banks and Banking.

Transfer of Functions

Pub. L. 89–174, § 9(c), , 79 Stat. 670, set out as a note under section 3531 of this title, provides that references to the Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean the Secretary of Housing and Urban Development, pursuant to the transfer of functions under this section, and that the Housing and Home Finance Agency and the Public Housing Administration, a constituent agency therein, have lapsed.

Credits

1965–2014 · 6 acts
  1. 1965Pub. L. 89–174, § 5, , 79 Stat. 669
  2. 1967Pub. L. 90–83, § 10(b), , 81 Stat. 223
  3. 1968Pub. L. 90–448, title VIII, § 807(c), , 82 Stat. 544
  4. 1992Pub. L. 102–550, title XIII, § 1352, , 106 Stat. 3969
  5. 2008Pub. L. 110–289, div. A, title I, § 1161(f), , 122 Stat. 2780
  6. 2014Pub. L. 113–287, § 5(k)(3), , 128 Stat. 3270.
Show as published

(Pub. L. 89–174, § 5, , 79 Stat. 669; Pub. L. 90–83, § 10(b), , 81 Stat. 223; Pub. L. 90–448, title VIII, § 807(c), , 82 Stat. 544; Pub. L. 102–550, title XIII, § 1352, , 106 Stat. 3969; Pub. L. 110–289, div. A, title I, § 1161(f), , 122 Stat. 2780; Pub. L. 113–287, § 5(k)(3), , 128 Stat. 3270.)

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