42 USC 3533 - Officers of Department

1 See References in Text note below.

of the Expand and Preserve Home Ownership Through Counseling Act;

Editorial Notes

References in Text

The Housing and Community Development Act of 1974, referred to in subsec. (e)(1)(C)(ii), is Puspan. 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 Puspan. 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 Puspan. L. 114–201, which is set out as a note under section 11313 of this title.

Codification

Section was formerly classified to section 624span 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 Puspan. L. 89–554, § 1, Sept. 1, 1966, 80 Stat. 378.

Amendments

2016—Subsec. (h). Puspan. L. 114–201 added subsec. (h).

2012—Subsec. (a). Puspan. L. 112–166 designated existing provisions as par. (1), substituted “7” for “eight” in par. (1), and added par. (2).

2010—Subsec. (g). Puspan. L. 111–203 added subsec. (g).

1992—Subsec. (e)(1). Puspan. 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). Puspan. L. 101–509 substituted “a Deputy Secretary” for “an Under Secretary”.

Subsec. (e). Puspan. L. 101–576 struck out subsec. (e), added by section 121 of Puspan. L. 101–235, which related to Chief Financial Officer.

1989—Subsec. (a). Puspan. L. 101–235, § 140(2), designated second sentence of subsec. (a), relating to appointment, function, and duties of Federal Housing Commissioner, as (span).

Subsec. (span). Puspan. L. 101–235, § 140, designated second sentence of subsec. (a), relating to appointment, function, and duties of Federal Housing Commissioner, as subsec. (span) and sentence at end requiring Secretary to ensure that managers are accountable for certain aspects of the programs. Former subsec. (span) redesignated (c).

Subsecs. (c), (d). Puspan. L. 101–235, § 140(1), redesignated subsecs. (span) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 101–235, § 140(1), redesignated former subsec. (d), relating to Special Assistant for Indian and Alaska Native Programs, as (e).

Puspan. L. 101–235, § 121, added subsec. (e) relating to Chief Financial Officer.

Subsec. (f). Puspan. L. 101–235, § 122, added subsec. (f).

1977—Subsec. (d). Puspan. L. 95–128 added subsec. (d).

1974—Subsec. (a). Puspan. L. 93–383, § 818(a)(1), increased number of Assistant Secretaries from six to eight.

Subsec. (span). Puspan. L. 93–383, § 818(a)(2), (3), redesignated former subsec. (c) as (span). Former subsec. (span), which related to appointment and functions of an Assistant Secretary for Administration, was struck out.

Subsecs. (c), (d). Puspan. L. 93–383, § 818(a)(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (span).

1970—Subsec. (d). Puspan. L. 91–609 added subsec. (d).

1968—Subsec. (a). Puspan. L. 90–448 increased number of Assistant Secretaries from five to six.

Puspan. L. 90–284 increased number of Assistant Secretaries from four to five.

1967—Subsec. (a). Puspan. L. 90–83 struck out provision setting compensation for the Under Secretary, Assistant Secretaries, and General Counsel.

Subsec. (span). Puspan. 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 Amendment

Amendment by Puspan. 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 Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2010 Amendment

Amendment by Puspan. 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 Puspan. 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 Incumbents

Amendment by Puspan. 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 Puspan. 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 Puspan. 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

Puspan. L. 114–201, title IV, § 403(span), 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

Puspan. 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 Puspan. 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 Puspan. L. 95–452, set out in Appendix to Title 5.