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U.S. Code as of:
01/19/04
Section 3608. Administration
(a) Authority and responsibility
The authority and responsibility for administering this Act shall
be in the Secretary of Housing and Urban Development.
(b) Assistant Secretary
The Department of Housing and Urban Development shall be provided
an additional Assistant Secretary.
(c) Delegation of authority; appointment of administrative law
judges; location of conciliation meetings; administrative review
The Secretary may delegate any of his functions, duties, and
powers to employees of the Department of Housing and Urban
Development or to boards of such employees, including functions,
duties, and powers with respect to investigating, conciliating,
hearing, determining, ordering, certifying, reporting, or otherwise
acting as to any work, business, or matter under this subchapter.
The person to whom such delegations are made with respect to
hearing functions, duties, and powers shall be appointed and shall
serve in the Department of Housing and Urban Development in
compliance with sections 3105, 3344, 5372, and 7521 of title 5.
Insofar as possible, conciliation meetings shall be held in the
cities or other localities where the discriminatory housing
practices allegedly occurred. The Secretary shall by rule prescribe
such rights of appeal from the decisions of his administrative law
judges to other administrative law judges or to other officers in
the Department, to boards of officers or to himself, as shall be
appropriate and in accordance with law.
(d) Cooperation of Secretary and executive departments and agencies
in administration of housing and urban development programs and
activities to further fair housing purposes
All executive departments and agencies shall administer their
programs and activities relating to housing and urban development
(including any Federal agency having regulatory or supervisory
authority over financial institutions) in a manner affirmatively to
further the purposes of this subchapter and shall cooperate with
the Secretary to further such purposes.
(e) Functions of Secretary
The Secretary of Housing and Urban Development shall -
(1) make studies with respect to the nature and extent of
discriminatory housing practices in representative communities,
urban, suburban, and rural, throughout the United States;
(2) publish and disseminate reports, recommendations, and
information derived from such studies, including an annual report
to the Congress -
(A) specifying the nature and extent of progress made
nationally in eliminating discriminatory housing practices and
furthering the purposes of this subchapter, obstacles remaining
to achieving equal housing opportunity, and recommendations for
further legislative or executive action; and
(B) containing tabulations of the number of instances (and
the reasons therefor) in the preceding year in which -
(i) investigations are not completed as required by section
3610(a)(1)(B) of this title;
(ii) determinations are not made within the time specified
in section 3610(g) of this title; and
(iii) hearings are not commenced or findings and
conclusions are not made as required by section 3612(g) of
this title;
(3) cooperate with and render technical assistance to Federal,
State, local, and other public or private agencies,
organizations, and institutions which are formulating or carrying
on programs to prevent or eliminate discriminatory housing
practices;
(4) cooperate with and render such technical and other
assistance to the Community Relations Service as may be
appropriate to further its activities in preventing or
eliminating discriminatory housing practices;
(5) administer the programs and activities relating to housing
and urban development in a manner affirmatively to further the
policies of this subchapter; and
(6) annually report to the Congress, and make available to the
public, data on the race, color, religion, sex, national origin,
age, handicap, and family characteristics of persons and
households who are applicants for, participants in, or
beneficiaries or potential beneficiaries of, programs
administered by the Department to the extent such characteristics
are within the coverage of the provisions of law and Executive
orders referred to in subsection (f) of this section which apply
to such programs (and in order to develop the data to be included
and made available to the public under this subsection, the
Secretary shall, without regard to any other provision of law,
collect such information relating to those characteristics as the
Secretary determines to be necessary or appropriate).
(f) Provisions of law applicable to Department programs
The provisions of law and Executive orders to which subsection
(e)(6) of this section applies are -
(1) title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d
et seq.];
(2) this subchapter;
(3) section 794 of title 29;
(4) the Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.];
(5) the Equal Credit Opportunity Act [15 U.S.C. 1691 et seq.];
(6) section 1982 of this title;
(7) section 637(a) of title 15;
(8) section 1735f-5 of title 12;
(9) section 5309 of this title;
(10) section 1701u of title 12;
(11) Executive orders 11063, 11246, 11625, 12250, 12259, and
12432; and
(12) any other provision of law which the Secretary specifies
by publication in the Federal Register for the purpose of this
subsection.
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