Title 42, The Public Health and WelfareRelease 119-110
§3533 Officers of Department
Title 42 › CHAPTER 44 — DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › § 3533
Summary
Creates top jobs inside the Department and sets out what they do. The President must appoint a Deputy Secretary, 7 Assistant Secretaries, and a General Counsel with Senate approval. The President also appoints an Assistant Secretary for Public Affairs. One Assistant Secretary will be the Federal Housing Commissioner, who leads the Federal Housing Administration and manages programs tied to the private mortgage market. The Secretary names a Director of Urban Program Coordination to study city and community problems and help coordinate federal, state, and local programs. The Secretary also names an Assistant to provide information to nonprofit housing project sponsors. The Secretary must designate a Federal Housing Administration Comptroller to oversee FHA finances. Creates a Special Assistant for Indian and Alaska Native Programs (to be designated no later than 60 days after October 12, 1977), who must be hired on merit and run Indian housing and community development programs and regional office work. The Secretary must include Indian housing needs and Department activities in the annual report and must send Congress, by December 1 each year, a report with actions taken, planned activities, cost estimates, housing statistics, and recommendations. Establishes an Office of Housing Counseling with a Director (career SES) to run counseling, research, grants, rules, certification, a hotline, and to build capacity. The Secretary must appoint an unpaid advisory committee of up to 12 members (balanced industry and consumer representation) with 3-year terms and initial staggered terms. Creates a Special Assistant for Veterans Affairs to coordinate and improve veterans’ housing access. Establishes an Office of Disaster Management and Resiliency to oversee disaster preparedness, response, and recovery coordination with FEMA, SBA, and other offices.
Full Legal Text
Title 42, §3533
The Public Health and Welfare, Source: USLM XML via OLRC
(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
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.
(g)Office of Housing Counseling
(1)Establishment
There is established, in the Department, the Office of Housing Counseling.
(2)Director (3) Functions
There is established the position of Director of Housing Counseling. The Director shall be the head of the Office of Housing Counseling and shall be appointed by, and shall report to, the Secretary. Such position shall be a career-reserved position in the Senior Executive Service.
(4)Advisory committee
(A)In general
The Secretary shall appoint an advisory committee to provide advice regarding the carrying out of the functions of the Director.
(B)Members
Such advisory committee shall consist of not more than 12 individuals, and the membership of the committee shall equally represent the mortgage and real estate industry, including consumers and housing counseling agencies certified by the Secretary.
(C)Terms
Except as provided in subparagraph (D), each member of the advisory committee shall be appointed for a term of 3 years. Members may be reappointed at the discretion of the Secretary.
(D)Terms of initial appointees
As designated by the Secretary at the time of appointment, of the members first appointed to the advisory committee, 4 shall be appointed for a term of 1 year and 4 shall be appointed for a term of 2 years.
(E)Prohibition of pay; travel expenses
Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
(F)Advisory role only
The advisory committee shall have no role in reviewing or awarding housing counseling grants.
(5)Scope of homeownership counseling
In carrying out the responsibilities of the Director, the Director shall ensure that homeownership counseling provided by, in connection with, or pursuant to any function, activity, or program of the Department addresses the entire process of homeownership, including the decision to purchase a home, the selection and purchase of a home, issues arising during or affecting the period of ownership of a home (including refinancing, default and foreclosure, and other financial decisions), and the sale or other disposition of a home.
(h)Special Assistant for Veterans Affairs
(1)Position
There shall be in the Office of the Secretary a Special Assistant for Veterans Affairs, who shall report directly to the Secretary.
(2)Appointment
The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5 governing appointments in the competitive service.
(3)Responsibilities
The Special Assistant for Veterans Affairs shall be responsible for— (A)
(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.
(i)Office of Disaster Management and Resiliency
(1)Establishment
There is established the Office of Disaster Management and Resiliency.
(2)Duties
The Office of Disaster Management and Resiliency shall—
(A)be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and
(B)coordinate with the Federal Emergency Management Agency, the Small Business Administration, and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
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. Title I of the Act is classified principally to chapter 69 (§ 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. section 6 of the Expand and Preserve Home Ownership Through Counseling Act, referred to in subsec. (g)(3)(B)(vi), probably means section 1446 of subtitle D of title XIV of Pub. L. 111–203, July 21, 2010, 124 Stat. 2172, which is not classified to the Code. section 404 of the Housing Opportunity Through Modernization Act of 2016, referred to in subsec. (h)(3)(F), is section 404 of Pub. L. 114–201, which is set out as a note under section 11313 of this title. 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, § 1, Sept. 1, 1966, 80 Stat. 378.
Amendments
2026—Subsec. (i). Pub. L. 119–101 added subsec. (i). 2016—Subsec. (h). Pub. L. 114–201 added subsec. (h). 2012—Subsec. (a). Pub. L. 112–166 designated existing provisions as par. (1), substituted “7” for “eight” in par. (1), and added par. (2). 2010—Subsec. (g). Pub. L. 111–203 added subsec. (g). 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, § 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, § 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, § 140(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 101–235, § 140(1), redesignated former subsec. (d), relating to Special Assistant for Indian and Alaska Native Programs, as (e). Pub. L. 101–235, § 121, added subsec. (e) relating to Chief Financial Officer. Subsec. (f). Pub. L. 101–235, § 122, added subsec. (f). 1977—Subsec. (d). Pub. L. 95–128 added subsec. (d). 1974—Subsec. (a). Pub. L. 93–383, § 818(a)(1), increased number of Assistant Secretaries from six to eight. Subsec. (b). Pub. L. 93–383, § 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, § 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.
Statutory Notes and Related Subsidiaries
Effective Date
of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that
Effective Date
, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the date on which final
Regulations
implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such
Regulations
have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.
Effective Date
of 1990 Amendment; Continued Service by IncumbentsAmendment 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, § 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 AppointmentsNomination 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 Position in Office of Deputy Assistant Secretary for Special Needs Pub. L. 114–201, title IV, § 403(b), July 29, 2016, 130 Stat. 809, provided that: “On the date that the initial Special Assistant for Veterans Affairs is appointed pursuant to section 4(h)(2) of the Department of Housing and Urban Development Act [42 U.S.C. 3533(h)(2)], as added by subsection (a) of this section, the position of Special Assistant for Veterans Programs in the Office of the Deputy Assistant Secretary for Special Needs of the Department of Housing and Urban Development shall be terminated.”
Transfer of Functions
Pub. L. 102–550, title IX, § 902(a)(2), (3), Oct. 28, 1992, 106 Stat. 3866, 3867, 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, § 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, set out in Appendix to Title 5.
Reference
Citations & Metadata
Citation
42 U.S.C. § 3533
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110