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.
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.
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.
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.
There is established, in the Department, the Office of Housing Counseling.
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.
The Director shall have primary responsibility within the Department for all activities and matters relating to homeownership counseling and rental housing counseling, including-
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-
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.
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.
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.
The advisory committee shall have no role in reviewing or awarding housing counseling grants.
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.
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.
The Special Assistant for Veterans Affairs shall be responsible for-
1 See References in Text note below.
42 U.S.C. § 3533
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, Dec. 15, 1989, 122, Dec. 15, 1989, 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, §14421442,, 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.
REFERENCES IN TEXTThe 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 sectionof 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, 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 of this title.
CODIFICATIONSection 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 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.
EFFECTIVE DATE OF 2012 AMENDMENT Amendment 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 sectionof Title 6, Domestic Security.
EFFECTIVE DATE OF 2010 AMENDMENT Amendment 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 sectionof 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 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 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 [ ], 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 [ ] (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 GENERALFunctions, 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.
- Advisory Committee
- The term "Advisory Committee" means the Green Building Advisory Committee established under section 484.1
- The term "Secretary" means the Secretary of Housing and Urban Development. 1 See References in Text note below.
- housing assistance
- The term "housing assistance" means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.
- The terms "federally assisted housing" and "project" mean- (A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [ 42 U.S.C. 1437a(b) ]); (B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [ 42 U.S.C. 1437f ]; (C) housing that is assisted under section 1701q of title 12; (D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990; (E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12; (F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12; (G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [ 42 U.S.C. 1437f(b)(2) ], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and (H) housing that is assisted under section 8013 1 of this title.