
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3533]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 44--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 3533. Officers of Department


(a) Deputy Secretary, Assistant Secretaries, and General Counsel

    There shall be in the Department a Deputy Secretary, eight 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.

(b) Federal Housing Commissioner

    There shall be in the Department a Federal Housing Commissioner, who 
shall be one of the Assistant Secretaries, who shall head a Federal 
Housing Administration within the Department, who shall have such duties 
and powers as may be prescribed by the Secretary, and who shall 
administer, under the supervision and direction of the Secretary, 
departmental programs relating to the private mortgage market. The 
Secretary shall ensure, to the extent practicable, that managers of 
Federal Housing Administration programs, at each level of the 
Department, shall be accountable for program operation, risk management, 
management of cash and other Federal assets, and program financing 
related to activities over which such managers have responsibility.

(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

    There shall be in the Department a Director of Urban Program 
Coordination, who shall be designated by the Secretary. He shall assist 
the Secretary in carrying out his responsibilities to the President with 
respect to achieving maximum coordination of the programs of the various 
departments and agencies of the Government which have a major impact on 
community development. In providing such assistance, the Director shall 
make such studies of urban and community problems as the Secretary shall 
request, and shall develop recommendations relating to the 
administration of Federal programs affecting such problems, particularly 
with respect to achieving effective cooperation among the Federal, 
State, and local agencies concerned. Subject to the direction of the 
Secretary, the Director shall, in carrying out his responsibilities, (1) 
establish and maintain close liaison with the Federal departments and 
agencies concerned and (2) consult with State, local, and regional 
officials, and consider their recommendations with respect to such 
programs.

(d) Assistant to Secretary; designation; duty to provide information and 
        advice to nonprofit project sponsors

    There shall be in the Department an Assistant to the Secretary, 
designated by the Secretary, who shall be responsible for providing 
information and advice to nonprofit organizations desiring to sponsor 
housing projects assisted under programs administered by the Department.

(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

    There shall be in the Department a Federal Housing Administration 
Comptroller, designated by the Secretary, who shall be responsible for 
overseeing the financial operations of the Federal Housing 
Administration.

(Pub. L. 89-174, Sec. 4, Sept. 9, 1965, 79 Stat. 668; Pub. L. 90-83, 
Sec. 10(b), Sept. 11, 1967, 81 Stat. 223; Pub. L. 90-284, title VIII, 
Sec. 808(b)(1), Apr. 11, 1968, 82 Stat. 84; Pub. L. 90-448, title XVII, 
Sec. 1708(a), Aug. 1, 1968, 82 Stat. 606; Pub. L. 91-609, title IX, 
Sec. 917, Dec. 31, 1970, 84 Stat. 1816; Pub. L. 93-383, title VIII, 
Sec. 818(a), Aug. 22, 1974, 88 Stat. 740; Pub. L. 95-128, title IX, 
Sec. 901, Oct. 12, 1977, 91 Stat. 1148; Pub. L. 101-235, title I, 
Secs. 121, 122, 140, Dec. 15, 1989, 103 Stat. 2021, 2030; Pub. L. 101-
509, title V, Sec. 529 [title I, Sec. 112(a)(4)], Nov. 5, 1990, 104 
Stat.1427, 1454; Pub. L. 101-576, title II, Sec. 205(c)(2), Nov. 15, 
1990, 104 Stat. 2845; Pub. L. 102-550, title IX, Sec. 902(a)(1), Oct. 
28, 1992, 106 Stat. 3866.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (e)(1)(B), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.
    The Housing and Community Development Act of 1974, referred to in 
subsec. (e)(1)(C)(ii), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, 
as amended. Title I of the Act is classified principally to chapter 69 
(Sec. 5301 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5301 of this 
title and Tables.

                          Codification

    Section was formerly classified to section 624b 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.


                               Amendments

    1992--Subsec. (e)(1). Pub. L. 102-550 designated existing provisions 
as subpar. (A), substituted ``located in the Office of the Assistant 
Secretary for Public and Indian Housing'' for ``responsible for 
coordinating all programs of the Department relating to Indian and 
Alaska Native housing and community development'', and added subpars. 
(B) through (D).
    1990--Subsec. (a). Pub. L. 101-509 substituted ``a Deputy 
Secretary'' for ``an Under Secretary''.
    Subsec. (e). Pub. L. 101-576 struck out subsec. (e), added by 
section 121 of Pub. L. 101-235, which related to Chief Financial 
Officer.
    1989--Subsec. (a). Pub. L. 101-235, Sec. 140(2), designated second 
sentence of subsec. (a), relating to appointment, function, and duties 
of Federal Housing Commissioner, as (b).
    Subsec. (b). Pub. L. 101-235, Sec. 140, designated second sentence 
of subsec. (a), relating to appointment, function, and duties of Federal 
Housing Commissioner, as subsec. (b) and sentence at end requiring 
Secretary to ensure that managers are accountable for certain aspects of 
the programs. Former subsec. (b) redesignated (c).
    Subsecs. (c), (d). Pub. L. 101-235, Sec. 140(1), redesignated 
subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) 
redesignated (e).
    Subsec. (e). Pub. L. 101-235, Sec. 140(1), redesignated former 
subsec. (d), relating to Special Assistant for Indian and Alaska Native 
Programs, as (e).
    Pub. L. 101-235, Sec. 121, added subsec. (e) relating to Chief 
Financial Officer.
    Subsec. (f). Pub. L. 101-235, Sec. 122, added subsec. (f).
    1977--Subsec. (d). Pub. L. 95-128 added subsec. (d).
    1974--Subsec. (a). Pub. L. 93-383, Sec. 818(a)(1), increased number 
of Assistant Secretaries from six to eight.
    Subsec. (b). Pub. L. 93-383, Sec. 818(a)(2), (3), redesignated 
former subsec. (c) as (b). Former subsec. (b), which related to 
appointment and functions of an Assistant Secretary for Administration, 
was struck out.
    Subsecs. (c), (d). Pub. L. 93-383, Sec. 818(a)(3), redesignated 
subsec. (d) as (c). Former subsec. (c) redesignated (b).
    1970--Subsec. (d). Pub. L. 91-609 added subsec. (d).
    1968--Subsec. (a). Pub. L. 90-448 increased number of Assistant 
Secretaries from five to six.
    Pub. L. 90-284 increased number of Assistant Secretaries from four 
to five.
    1967--Subsec. (a). Pub. L. 90-83 struck out provision setting 
compensation for the Under Secretary, Assistant Secretaries, and General 
Counsel.
    Subsec. (b). Pub. L. 90-83 struck out provision covering the 
compensation to be paid the Assistant Secretary for Administration.


    Effective Date of 1990 Amendment; Continued Service by Incumbents

    Amendment by Pub. L. 101-509 effective on first day of first pay 
period that begins on or after Nov. 5, 1990, with continued service by 
incumbent Under Secretary of Housing and Urban Development, see section 
529 [title I, Sec. 112(e)(1), (2)(D)] of Pub. L. 101-509, set out as a 
note under section 3404 of Title 20, Education.


                  Effective Date; Interim Appointments

    Nomination and appointment of Under Secretary, Assistant 
Secretaries, General Counsel, Federal Housing Commissioner, and 
Assistant Secretary for Administration of Department of Housing and 
Urban Development any time after Sept. 9, 1965, and interim designation 
and compensation of officers of Housing and Home Finance Agency for 
those offices upon non-entry upon the offices upon expiration of first 
period of sixty calendar days following Sept. 9, 1965 or on earlier date 
specified by Executive order, see section 11 of Pub. L. 89-174, set out 
as a note under section 3531 of this title.

                          Transfer of Functions

    Section 902(a)(2), (3) of Pub. L. 102-550 provided that:
    ``(2) Transfer of functions.--Not later than the expiration of the 
180-day period beginning on the date of the enactment of this Act [Oct. 
28, 1992], the Secretary of Housing and Urban Development shall transfer 
to the Special Assistant for Indian and Alaska Native Programs any 
functions and duties described in section 4(e)(1)(B) of the Department 
of Housing and Urban Development Act [42 U.S.C. 3533(e)(1)(B)] (as added 
by paragraph (1) of this subsection).
    ``(3) Staff.--Not later than the expiration of the 1-year period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall transfer from offices within the 
Department of Housing and Urban Development to the office of the Special 
Assistant for Indian and Alaska Native Programs such staff, having 
experience and capacity to administer Indian housing and community 
development programs, as may be necessary and appropriate to assist the 
Special Assistant in carrying out the responsibilities under section 
4(e)(1)(B) of the Department of Housing and Urban Development Act (as 
added by paragraph (1) of this subsection).''

                       Office of Inspector General

    Functions, powers, and duties of Office of Inspector General in 
Department of Housing and Urban Development transferred to Office of 
Inspector General in Department of Housing and Urban Development, as 
established by Pub. L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat. 1101, set 
out in the Appendix to Title 5, Government Organization and Employees. 
See section 9(a)(1)(G) of Pub. L. 95-452, as amended, set out in 
Appendix to Title 5.


                            Cross References

    Compensation of deputy secretaries, assistant secretaries, general 
counsels, and assistant secretaries for administration of Executive 
departments, see section 5311 et seq. of Title 5, Government 
Organization and Employees.
    Classification of civilian positions, see section 5101 et seq. of 
Title 5.
