---
kind: "section"
citation: "42 U.S.C. § 3105"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3105"
heading: "Powers and duties of Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3105"
units:
  - "Chapter 37 — Community Facilities and Advance Land Acquisition"
---

# §3105. Powers and duties of Secretary

- (a) In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter, the [Secretary](/usc/42/242q–4.md?p=2) shall (in addition to any authority otherwise vested in him) have the functions, powers, and duties set forth in section 1749a[^1] of title 12, except subsections [(a)](#a), (c)(2), and (f) thereof.
- (b) The [Secretary](/usc/42/242q–4.md?p=2) is authorized, notwithstanding the provisions of section 3324(a) and (b) of [title 31](/usc/31.md), to make advance or progress payments on account of any grant made pursuant to this chapter. No part of any grant authorized to be made by the provisions of this chapter shall be used for the payment of ordinary governmental operating expenses.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 89–117, title VII, § 705, Aug. 10, 1965, 79 Stat. 492; Pub. L. 90–19, § 22(b), May 25, 1967, 81 Stat. 26.)

## Notes

### Editorial Notes

### References in Text

Section 1749a of title 12, referred to in subsec. (a), was repealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545.

### Codification

In subsec. (b), “section 3324(a) and (b) of title 31” substituted for “section 3648 of the Revised Statutes [31 U.S.C. 529]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

### Amendments

1967—Pub. L. 90–19 substituted “Secretary” for “Administrator” wherever appearing.