Notes on 42 U.S.C. § 3531 : US Code - Notes

Search Notes on 42 U.S.C. § 3531 : US Code - Notes

(Pub. L. 89-174, Sec. 2, Sept. 9, 1965, 79 Stat. 667.)
CODIFICATION
Section was formerly classified to section 624 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.
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 1 and 2211 of former Title 5, Executive
Departments and Government Officers 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] 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 appointed, 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,
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 OF 1989 AMENDMENT
Pub. L. 101-235, Sec. 1(a), Dec. 15, 1989, 103 Stat. 1987,
provided that: "This Act [see Tables for classification] may be
cited as the 'Department of Housing and Urban Development Reform
Act of 1989'."
SHORT TITLE
Section 1 of Pub. L. 89-174 provided: "That this Act [enacting
this chapter, amending section 1451 of this title, sections 1 and
2211 of former Title 5, Executive Departments and Government
Officers and Employees (see sections 101 and 5312 of Title 5,
Government Organization and Employees), section 19 of Title 3, The
President, and section 1723 of Title 12, Banks and Banking] may be
cited as the 'Department of Housing and Urban Development Act'."
SAVINGS PROVISION: 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 above 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 above 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 above], 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 above] 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."
EXECUTIVE ORDER NO. 11452
Ex. Ord. No. 11452, Jan. 23, 1969, 34 F.R. 1223, as amended,
which established the Council for Urban Affairs to advise the
President with respect to urban affairs, was revoked by Ex. Ord.
No. 12553, Feb. 25, 1986, 51 F.R. 7237. The Council was terminated
and its functions transferred to the Domestic Council by section
2(b) of Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, set out as
a note under section 501 of Title 31, Money and Finance.
EX. ORD. NO. 11668. NATIONAL CENTER FOR HOUSING MANAGEMENT
Ex. Ord. No. 11668, Apr. 21, 1972, 37 F.R. 8057, provided:
By virtue of the authority vested in me as President of the
United States and in accordance with the provisions of the
Department of Housing and Urban Development Act, as amended (42
U.S.C. 3531 et seq.), title VIII of the Housing Act of 1964, as
amended (20 U.S.C. 801 et seq.), and title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), it is
ordered as follows:
Section 1. Policy. The Nation's housing stock represents an
important national resource which must be preserved and well
managed if public and private investments are to be protected, and
if we are to meet our goal of providing a decent home and suitable
living environment for low and moderate income residents. The
production of Federally-assisted housing has greatly expanded in
recent years, creating a need for a balanced strategy to ensure
that such housing remains viable for the purposes intended.
This expansion also creates a need for a growing supply of new
management manpower for the years ahead. Special skills must be
developed among these managers so that they can effectively
overcome the social and economic problems facing many residents of
Federally-assisted housing, including the elderly. Training, the
improvement of career opportunities, and the upgrading of industry
standards are all essential to the improvement of the Nation's
housing management capability, particularly for low and moderate
income housing.
Sec. 2. Establishment of a National Center for Housing
Management. (a) The Secretary of Housing and Urban Development is
directed to call upon public-spirited citizens, dedicated and
experienced in the appropriate disciplines, to create, in
accordance with existing laws, a new, non-governmental, not-for-
profit institution to serve as a National Center for Housing
Management (referred to herein as the Center).
(b) The Center should be designed to provide objective and
independent leadership at the national level in helping meet the
Nation's housing management and training needs and should work
cooperatively with the Department of Housing and Urban Development
and with the public and private organizations and institutions
involved in, or affected by, its activities.
Sec. 3. Activities of the Center. The activities of the Center
should be developed along lines that include the following
objectives:
(1) Development of training and educational programs for housing
management and personnel:
(2) Cooperation with public and private national, State, and
local organizations and institutions in extending housing
management training and educational opportunities, using to the
fullest extent possible the services and facilities of existing
agencies with expertise in training and education.
(3) Cooperation with national, State, and local organizations and
institutions in establishing or expanding recruitment and placement
systems that will link training in housing management to job
opportunities in that field.
(4) Development of improved housing management practices and
assistance in professionalizing the housing management industry;
and
(5) Stimulating the creation of new management entities, and
strengthening the effectiveness of existing management entities.
Sec. 4. Assistance by Federal Agencies. To the extent consistent
with law, all other Federal executive departments and agencies
shall cooperate and work with the Department of Housing and Urban
Development and the Center in providing appropriate advice and
financial support so as to ensure that the above described
objectives are carried out with the most effective and efficient
use of Federal, State and local resources, both public and private.
Richard Nixon.