42 USC 3533 - Officers of Department

U.S Code last checked for updates: May 06, 2024

§ 3533.

Officers of Department

(a)

Deputy Secretary, Assistant Secretaries, and General Counsel

(1)

There shall be in the Department a Deputy Secretary, 7 Assistant Secretaries, and a General Counsel, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.

(2)

There shall be in the Department an Assistant Secretary for Public Affairs, who shall be appointed by the President and shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time.

(b)

Federal Housing Commissioner

(c)

Director of Urban Program Coordination; 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

(e)

Special Assistant for Indian and Alaska Native Programs; report to Congress

(1)

(A)

There shall be in the Department a Special Assistant for Indian and Alaska Native Programs, who shall be located in the Office of the Assistant Secretary for Public and Indian Housing. The Special Assistant for Indian and Alaska Native Programs shall be designated by the Secretary not later than 60 days after October 12, 1977.

(B)

The Special Assistant for Indian and Alaska Native Programs shall be appointed based solely on merit and shall be covered under the provisions of title 5 governing appointments in the competitive service.

(C)

The Special Assistant for Indian and Alaska Native Programs shall be responsible for—

(i)

administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance;

(ii)

administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.] and the provision of assistance to Indian tribes under such Act;

(iii)

directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and

(iv)

coordinating all programs of the Department relating to Indian and Alaska Native housing and community development.

(D)

The Secretary shall include in the annual report under section 3536 of this title a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs.

(2)

The Secretary shall, not later than December 1 of each year, submit to Congress an annual report which shall include—

(A)

a description of his actions during the current year and a projection of his activities during the succeeding years;

(B)

estimates of the cost of the projected activities for succeeding fiscal years;

(C)

a statistical report on the conditions of Indian and Alaska Native housing; and

(D)

recommendations for such legislative, administrative, and other actions, as he deems appropriate.

(f)

Federal Housing Administration Comptroller

(g)

Office of Housing Counseling

(1)

Establishment

(2)

Director

(3)

Functions

(A)

In general

The Director shall have primary responsibility within the Department for all activities and matters relating to homeownership counseling and rental housing counseling, including—

(i)

research, grant administration, public outreach, and policy development relating to such counseling; and

(ii)

establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by the Department that relate to housing counseling, homeownership counseling (including maintenance of homes), mortgage-related counseling (including home equity conversion mortgages and credit protection options to avoid foreclosure), and rental housing counseling, including the requirements, standards, and performance measures relating to housing counseling.

(B)

Specific functions

The Director shall carry out the functions assigned to the Director and the Office under this section and any other provisions of law. Such functions shall include establishing rules necessary for—

(i)

the counseling procedures under section 1701x(g)(1) of title 12;

(ii)

carrying out all other functions of the Secretary under section 1701x(g) of title 12, including the establishment, operation, and publication of the availability of the toll-free telephone number under paragraph (2) of such section;

(iii)

contributing to the distribution of home buying information booklets pursuant to section 2604 of title 12;

(iv)

carrying out the certification program under section 1701x(e) of title 12;

(v)

carrying out the assistance program under section 1701x(a)(4) of title 12, including criteria for selection of applications to receive assistance;

(vi)

carrying out any functions regarding abusive, deceptive, or unscrupulous lending practices relating to residential mortgage loans that the Secretary considers appropriate, which shall include conducting the study under section 6 1

 See References in Text note below.

of the Expand and Preserve Home Ownership Through Counseling Act;

(vii)

providing for operation of the advisory committee established under paragraph (4) of this subsection;

(viii)

collaborating with community-based organizations with expertise in the field of housing counseling; and

(ix)

providing for the building of capacity to provide housing counseling services in areas that lack sufficient services, including underdeveloped areas that lack basic water and sewer systems, electricity services, and safe, sanitary housing.

(4)

Advisory committee

(A)

In general

(B)

Members

(C)

Terms

(D)

Terms of initial appointees

(E)

Prohibition of pay; travel expenses

(F)

Advisory role only

(5)

Scope of homeownership counseling

(h)

Special Assistant for Veterans Affairs

(1)

Position

(2)

Appointment

(3)

Responsibilities

The Special Assistant for Veterans Affairs shall be responsible for—

(A)

ensuring veterans have fair access to housing and homeless assistance under each program of the Department providing either such assistance;

(B)

coordinating all programs and activities of the Department relating to veterans;

(C)

serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs;

(D)

serving as a liaison for the Department, and establishing and maintaining relationships with the United States Interagency Council on Homelessness and officials of State, local, regional, and nongovernmental organizations concerned with veterans;

(E)

providing information and advice regarding—

(i)

sponsoring housing projects for veterans assisted under programs administered by the Department; or

(ii)

assisting veterans in obtaining housing or homeless assistance under programs administered by the Department;

(F)

coordinating with the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs in carrying out section 404 of the Housing Opportunity Through Modernization Act of 2016;

(G)

collaborating with the Department of Veterans Affairs on making joint recommendations to the Congress, the Secretary of Housing and Urban Development, and the Secretary of Veterans Affairs on how to better coordinate and improve services to veterans under both Department of Housing and Urban Development and Department of Veteran Affairs veterans housing programs, including ways to improve the Independent Living Program of the Department of Veteran Affairs; and

(H)

carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.

(Pub. L. 89–174, § 4, Sept. 9, 1965, 79 Stat. 668; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90–284, title VIII, § 808(b)(1), Apr. 11, 1968, 82 Stat. 84; Pub. L. 90–448, title XVII, § 1708(a), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91–609, title IX, § 917, Dec. 31, 1970, 84 Stat. 1816; Pub. L. 93–383, title VIII, § 818(a), Aug. 22, 1974, 88 Stat. 740; Pub. L. 95–128, title IX, § 901, Oct. 12, 1977, 91 Stat. 1148; Pub. L. 101–235, title I, §§ 121, 122, 140, Dec. 15, 1989, 103 Stat. 2021, 2030; Pub. L. 101–509, title V, § 529 [title I, § 112(a)(4)], Nov. 5, 1990, 104 Stat.1427, 1454; Pub. L. 101–576, title II, § 205(c)(2), Nov. 15, 1990, 104 Stat. 2845; Pub. L. 102–550, title IX, § 902(a)(1), Oct. 28, 1992, 106 Stat. 3866; Pub. L. 111–203, title XIV, § 1442, July 21, 2010, 124 Stat. 2163; Pub. L. 112–166, § 2(g), Aug. 10, 2012, 126 Stat. 1285; Pub. L. 114–201, title IV, § 403(a), July 29, 2016, 130 Stat. 808.)

cite as: 42 USC 3533