Legislación
US (United States) Code. Title 12. Chapter 13: National Housing
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12 USC CHAPTER 13 - NATIONAL HOUSING 01/06/03
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TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
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CHAPTER 13 - NATIONAL HOUSING
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Sec.
1701. Short title.
1701a. Short title of amendment of 1938.
1701b. Short title of amendment of 1942.
1701c. Secretary of Housing and Urban Development.
(a) Employment of personnel; delegation of
functions.
(b) Omitted.
(c) Additional powers and duties of Secretary
and Federal Home Loan Bank Board.
(d) Use of funds for library memberships.
1701c-1 to 1701d-3. Omitted or Repealed.
1701d-4. Exchange and assembly of housing and urban planning
and development data; payment of expenses;
acceptance of funds, services, facilities,
materials, and other donations; approval of
Secretary of State for international programs and
activities.
1701e to 1701g-4. Repealed or Omitted.
1701g-5. Revolving fund in connection with liquidating
programs.
1701g-5a. Transfer of New Communities Fund assets and
liabilities.
1701g-5b. Liquidation of New Communities Program;
cancellation of debt.
(a) Law applicable.
(b) Availability of revolving fund moneys for
administrative and other expenses.
(c) Issuance of obligations to Secretary of the
Treasury.
(d) Cancellation of obligations.
1701g-5c. Transfer of rehabilitation loan fund assets and
liabilities.
1701h. Advisory committees; payment of transportation and
other expenses.
1701h-1. Housing for elderly persons advisory committee.
1701i, 1701i-1, 1701j. Omitted or Repealed.
1701j-1. Builder's certification as to construction.
(a) Warranty requirements.
(b) Availability of plans and specifications.
1701j-2. National Institute of Building Sciences.
(a) Congressional findings and declaration of
purpose.
(b) Establishment; advice and assistance of
Academies-Research Council and other
agencies and organizations knowledgeable
in building technology.
(c) Board of Directors; number; appointment;
membership; terms of office; vacancies;
appointment, etc., of Chairman and Vice
Chairman; employees of United States;
travel and subsistence expenses;
appointment and compensation of president
and other executive officers and
employees; establishment, membership, and
functions of Consultative Council.
(d) Financial restrictions and prohibitions.
(e) Exercise of functions and responsibilities.
(f) Contract and grant authorization;
donations; fees; amounts received in
addition to amounts appropriated.
(g) Technical findings and performance criteria
and standards; applicability and use by
Federal departments, agencies, and
establishments, and State and local
governments; supporting grants and
contracts.
(h) Advanced Building Technology Program.
(i) Authorization of appropriations.
(j) Annual report to President for transmittal
to Congress; contents.
1701j-3. Preemption of due-on-sale prohibitions.
(a) Definitions.
(b) Loan contract and terms governing execution
or enforcement of due-on-sale options and
rights and remedies of lenders and
borrowers; assumptions of loan rates.
(c) State prohibitions applicable for
prescribed period; subsection (b)
provisions applicable upon expiration of
such period; loans subject to State and
Federal regulation or subsection (b)
provisions when authorized by State laws
or Federal regulations.
(d) Exemption of specified transfers or
dispositions.
(e) Rules, regulations, and interpretations;
future income bearing loans subject to
due-on-sale options.
(f) Effective date for enforcement of
Corporation-owned loans with due-on-sale
options.
(g) Balloon payments.
1701k. Right to redeem property on which United States has
lien.
1701l. Limitation on interest rates of insured mortgages;
terms of sales.
1701l-1. Mortgage proceeds fraudulently misappropriated by
mortgagor; recovery of deficiency after
foreclosure.
1701m. Credit and cancellation of notes transferred from
Reconstruction Finance Corporation; net loss
computation.
1701n. Reduction of vulnerability of congested urban areas
to enemy attack.
1701o. Annual report of Secretary.
1701p. Contents of report to President and Congress.
1701p-1. Periodic report on residential mortgage
delinquencies and foreclosures.
1701q. Supportive housing for the elderly.
(a) Purpose.
(b) General authority.
(c) Forms of assistance.
(d) Term of commitment.
(e) Applications.
(f) Selection criteria.
(g) Provisions of services.
(h) Development cost limitations.
(i) Tenant selection.
(j) Miscellaneous provisions.
(k) Definitions.
(l) Allocation of funds.
(m) Authorization of appropriations.
(m) Authorization of appropriations.
1701q-1. Civil money penalties against mortgagors under
section 1701q of this title.
(a) In general.
(b) Penalty for violation of agreement as
condition of transfer of physical assets,
flexible subsidy loan, capital
improvement loan, modification of
mortgage terms, or workout agreement.
(c) Violations of regulatory agreement.
(d) Agency procedures.
(e) Judicial review of agency determination.
(f) Action to collect penalty.
(g) Settlement by Secretary.
(h) ''Knowingly'' defined.
(i) Regulations.
(j) Deposit of penalties in insurance funds.
1701q-2. Grants for conversion of elderly housing to
assisted living facilities.
(a) Grant authority.
(b) Eligible projects.
(c) Applications.
(d) Funding for services.
(e) Selection criteria.
(f) Section 8 project-based assistance.
(g) Definitions.
(h) Authorization of appropriations.
1701r. Congressional findings respecting housing for
senior citizens.
1701r-1. Pet ownership in assisted rental housing for the
elderly or handicapped.
(a) Restrictions on ownership.
(b) Rules and regulations.
(c) Removal of pets constituting a nuisance.
(d) ''Federally assisted rental housing for the
elderly or handicapped'' defined.
1701s. Rent supplement payments for qualified lower income
families.
(a) Authorization; maximum term; maximum
aggregate amount.
(b) ''Housing owner'' defined; limitation on
payments to housing owner.
(c) Definitions.
(d) Annual payment amount.
(e) Criteria and procedure for determining
eligibility and rental charges;
recertification of income; agreements for
services required in selection of
tenants; delegation of authority to issue
certificates.
(f) Omitted.
(g) Authority of Secretary.
(h) Authorization of appropriations.
(i) Omitted.
(j) Additional definition of housing owner;
restrictions on payments.
(k) Repealed.
(l) Additional available assistance authority.
(m) Payments for benefit of certain projects
having mortgages made by State or local
housing finance or government agencies.
1701t. Congressional affirmation of national goal of
decent homes and suitable living environment for
American families.
1701u. Economic opportunities for low- and very low-income
persons.
(a) Findings.
(b) Policy.
(c) Employment.
(d) Contracting.
(e) Definitions.
(f) Coordination with other Federal agencies.
(g) Regulations.
1701v. Congressional findings and declaration for improved
architectural design in Government housing
programs.
1701w. Budget, debt management, and related counseling
services for mortgagors; authorization of
appropriations.
1701x. Assistance with respect to housing for low- and
moderate-income families.
(a) Authorization to provide information,
advice, and technical assistance; scope
of assistance; authorization of
appropriations.
(b) Loans to nonprofit organizations or public
housing agencies; purpose and terms;
repayment; authorization of
appropriations; deposit of appropriations
in Low and Moderate Income Sponsor Fund.
(c) Grants for homeownership counseling
organizations.
(d) Prepurchase and foreclosure-prevention
counseling demonstration.
(e) Certification.
(f) Homeownership and rental counselor training
and certification programs.
1701y. National Homeownership Foundation.
(a) Creation; purpose; articles of
incorporation and charter; reservation of
right to alter or amend charter; term;
principal office; administration as
charitable and educational foundation;
compensation of officers and employees;
contract authority; donations and grants;
payment of principal and interest on
borrowings.
(b) Board of Directors; appointment of members;
Chairman; terms of office; reappointment;
compensation and travel expenses;
Executive Director and other officers;
vacancies; by-laws.
(c) Functions; programs to expand homeownership
and housing opportunities for lower
income families; fees for assistance or
services.
(d) Grants and loans to public or private
organizations; eligibility; encouragement
of cooperation between organizations and
neighborhoods and communities.
(e) Coordination of activities and consultation
with Department of Housing and Urban
Development and other Federal departments
and agencies.
(f) Annual report to the President and the
Congress; contents.
(g) Audit of financial transaction; access to
records; report of audit; contents of
report.
(h) Deposit of funds of Foundation.
(i) Authorization of appropriations.
1701z. New technologies in the development of housing for
lower income families.
(a) Institution of program; assistance to
mobile home buyers.
(b) Approval of plans utilizing new housing
technologies; considerations.
(c) Number of dwelling units to be constructed
for each type of technology; evaluation
of projects.
(d) Transfer of surplus property.
(e) Report of findings; legislative
recommendations.
1701z-1. Research and demonstrations; authorization of
appropriations; continuing availability of funds.
1701z-2. Advanced technologies, methods, and materials for
housing construction, rehabilitation, and
maintenance.
(a) General acceptance; costs, reduction;
health and safety restrictions on
expanded housing production.
(b) Experimental construction under approved
housing plans on Federal or other lands
with view toward ultimate mass housing
production; use of section 1701z-1 funds
and authority.
(c) Acquisition, use, and disposal of property;
transfer of excess property.
(d) Technical assistance; reports; general
dissemination and form of reports, data,
and information.
(e) Contracts or grants; authority; advance and
progress payments; work limitation.
(f) Utilization of facilities of other
agencies; working agreements, cooperative
agreements, contract authority, receipt
of funds, and exercise of section
1701c(c) powers.
(g) Information and data; restriction on use or
identification.
1701z-3. Experimental housing allowance payment program.
(a) Purpose of payments.
(b) Termination date of payments; termination
date for contracts; contracts for
performance of administrative functions.
(c) Report to Congress.
1701z-4. Abandoned properties demonstration project.
(a) Grants for arrest of incipient abandonment
and revitalization of blighted areas.
(b) Preferred projects; scope of projects.
(c) Purchase or lease of project real estate at
fair market value for new or
rehabilitated housing use; conditions.
(d) Amount of grants; authorization of
appropriations; continuing availability
of funds; locality limitation.
(e) Projects as part of urban renewal projects
for purpose of application of urban
renewal provisions.
1701z-5. Demonstrations of heating or cooling residential
housing utilizing solar energy.
(a) Consultation by Secretary with National
Science Foundation; scope of
demonstrations; powers of Secretary.
(b) Evaluation by Secretary.
1701z-6. Special housing need research and demonstration
authority.
(a) Special demonstrations of housing design,
structure, facilities, and amenities to
meet needs of elderly, handicapped, etc.;
contracts, grants, and assistance by
Secretary.
(b) Areas of preferential attention.
(c) Utilization of contract and loan authority
of federally assisted housing programs;
setting aside of development, etc.,
requirements during testing.
(d) Evaluation of demonstration.
(e) Limitation on amounts available for
research.
1701z-7. Studies to determine extent of need for counseling
to mortgagors; report to Congress.
1701z-8. Energy conservation and renewable-resource
demonstration.
(a) National demonstration program; purpose.
(b) Financial assistance to owners and tenants
of dwelling units; authorization of
Secretary.
(c) Duties of Secretary.
(d) Limitations on grants; modification and
exceptions to limitation; eligibility.
(e) Conditions upon availability of financial
assistance.
(f) Implementation of program.
(g) Interim and final reports on program
progress, findings, and legislative
recommendations; criteria for evaluation
of projects.
(h) Report on evaluation criteria to be used
and results sought prior to funding of
projects.
(i) Definitions.
(j) Authorization of appropriations.
1701z-9. Expansion of home ownership opportunities in urban
areas.
1701z-10. Model rehabilitation guidelines in inspection and
approval of rehabilitated properties; report to
Congress.
1701z-10a. Biennial survey of economic and housing market
conditions.
1701z-11. Management and disposition of multifamily housing
projects.
(a) Goals.
(b) Definitions.
(c) Disposition of property.
(d) Management and maintenance of properties.
(e) Required assistance.
(f) Discretionary assistance.
(g) Protection for unassisted very low-income
tenants.
(h) Contract requirements.
(i) Right of first refusal for local and State
government agencies.
(j) Displacement of tenants and relocation
assistance.
(k) Mortgage and project sales.
(l) Report to Congress.
1701z-12. Housing access.
1701z-13. Solar energy for single-family and multifamily
housing units.
(a) Purpose.
(b) Cost-effective and economically feasible
solar energy systems; ''solar energy
system'' defined.
(c) Matters considered.
(d) Report to Congress.
1701z-14. Lower cost technology demonstration program.
1701z-15. Approval of individual residential water
purification or treatment units.
(a) In general.
(b) Approval process.
SUBCHAPTER I - HOUSING RENOVATION AND MODERNIZATION
1702. Administrative provisions.
1702a. Repealed.
1703. Insurance of financial institutions.
1704. Repealed.
1705. Allocation of funds.
1706, 1706a. Repealed.
1706b. Taxation of real property held by Secretary.
1706c. Insurance of mortgages.
(a) Supplemental system; limitation on amount;
termination of authority.
(b) Eligibility conditions.
(c) Premium charge.
(d) Release of mortgagor.
(e) Conclusiveness of insurance contract as to
eligibility.
(f) Rights of mortgagee upon foreclosure.
(g) Applicability of other sections.
1706d. Applicability.
1706e. Repealed.
SUBCHAPTER II - MORTGAGE INSURANCE
1707. Definitions.
1708. Federal Housing Administration operations.
(a) Mutual Mortgage Insurance Fund.
(b) Advisory Board.
(c) Mortgagee Review Board.
(d) Coordination of GNMA and FHA withdrawal
action.
(e) Appraisal standards.
1709. Insurance of mortgages.
(a) Authorization.
(b) Eligibility for insurance; mortgage limits.
(c) Premium charges.
(d) Increase in maximum amount of mortgage.
(e) Contract of insurance as evidence of
eligibility.
(f) Disclosure of other mortgage products.
(g) Limitation on use of single family mortgage
insurance by investors.
(h) Disaster housing.
(i) Single-family housing in outlying areas.
(j) Real estate loans by national banks.
(k) Rehabilitation of one- to four-family
structures; definitions; eligibility;
refinancing and extension; General
Insurance Fund.
(l), (m) Repealed.
(n) Cooperative housing projects; definitions.
(o) Insurance of mortgages on owner occupied
homes in communities subject to adverse
economic conditions resulting from Indian
claims to ownership of land; obligation
of Special Risk Insurance Fund.
(p) Insurance of mortgages in communities
subject to temporary adverse economic
conditions as a result of claims to
ownership of land in the community by an
American Indian Tribe, band, or nation;
eligibility, authorities, etc.
(q) Insurance of mortgages secured by property
on certain lands leased by Seneca Nation
of New York Indians.
(r) Actions to reduce losses under single
family mortgage insurance program.
(s) Suspension or revocation of approval of
mortgagee; notice and statement of
reasons.
(t) Disclosure regarding interest due upon
mortgage prepayment.
(u) Accountability of mortgage lenders.
(v) Use of FHA insurance with assistance under
42 U.S.C. 1437f.
(w) Annual report.
(x) Management deficiencies report.
1709-1. Repealed.
1709-1a. State constitutional and legal limits upon interest
chargeable on loans, mortgages, or other interim
financing arrangements; applicability; covered
arrangements.
1709-2. Equity skimming; penalty; persons liable; one
dwelling exemption.
1709a. Determination of loan-to-value ratios.
1709b. Repealed.
1710. Payment of insurance.
(a) In general.
(b) Consent to release of mortgagor or
property.
(c) Debentures; form and amounts.
(d) Debentures; issuance; negotiability; terms;
tax exemptions.
(e) Certificate of claim.
(f) Division of excess proceeds; settlement of
certificates of claims and refunds to
mortgagors.
(g) Handling and disposal of property;
settlement of claims.
(h) Disposition of assets in revitalization
areas.
(i) Mortgagor's or mortgagee's interest in
property or claim conveyed.
(j) Foreclosure; payment and cessation of
obligation.
(k) Repealed.
(l) Nullification of right of redemption of
single family mortgagors.
1711. General Surplus and Participating Reserve Accounts.
(a) Establishment; abolishment of General
Reinsurance Account.
(b) Credits and charges.
(c) Distribution of funds to terminating
mortgagors.
(d) Rights and liabilities.
(e) Actuarial status of entire Fund.
(f) Capital ratio for Mutual Mortgage Insurance
Fund.
(g) Annual independent audit of Mutual Mortgage
Insurance Fund.
(h) Adjustment of premiums.
1712. Investment of funds.
1712a. Indexing of FHA multifamily housing loan limits.
(a) Method of indexing.
(b) Notification.
1713. Rental housing insurance.
(a) Definitions.
(b) Insurance of additional mortgages.
(c) Eligibility for insurance; mortgage limits.
(d) Premium, appraisal, and inspection charges.
(e) Adjusted premium charge on payment of
mortgage.
(f) Repealed.
(g) Payment of insurance after default.
(h) Certificate of claim; division of excess
proceeds.
(i) Debentures; execution; negotiability;
terms; tax exemptions.
(j) Debentures; form and amounts.
(k) Acquisition of property by conveyance or
foreclosure.
(l) Handling and disposal of property;
settlement of claims.
(m) Repealed.
(n) Default or payment; rights of parties.
(o) Reissue of prior insurance.
(p), (q) Repealed.
(r) Service charge for mortgages assigned to
and held by the Secretary.
1714. Taxation.
1715. Statistical and economic surveys.
1715a. Repealed.
1715b. Rules and regulations.
1715c. Labor standards.
1715d. Insurance of mortgages on property in Alaska, Guam,
Hawaii, and Virgin Islands.
1715e. Cooperative housing insurance.
(a) Projects insurable.
(b) Eligibility conditions for projects under
subsection (a)(1) of this section.
(c) Eligibility conditions for projects under
subsection (a)(2) of this section.
(d) Amortization; release from mortgage lien;
individual insurance; commercial and
community facilities.
(e) Applicability of sections 1710 and 1713 of
this title.
(f) Technical advice and assistance.
(g) Housing projects designed for single person
occupancy.
(h) Failure to sell to a nonprofit
organization.
(i) Mortgages executed by consumer cooperatives
covering existing structures.
(j) Insurance of supplementary cooperative
loans.
(k) Cooperative Management Housing Insurance
Fund.
(l) General Surplus Account; Participating
Reserve Account.
(m) Transfer of insurance to Management Fund.
(n) Payment of premium charges in debentures.
(o) Transfer of funds between Management Fund
and General Insurance Fund; investment of
monies.
(p) Increase in maximum mortgage amounts for
solar energy systems and energy
conservation measures.
1715f. Process of applications and issuance of
commitments.
1715g. Insurance of mortgage where mortgagor is not
occupant of property.
1715h to 1715j. Repealed.
1715k. Rehabilitation and neighborhood conservation
housing insurance.
(a) Purpose of section.
(b) Authorization.
(c) Definitions.
(d) Eligibility for insurance; conditions;
limits.
(e) Release of mortgagor or part of property.
(f) Entitlement of mortgagee to benefits;
payment in cash or debentures;
acquisition of mortgages; applicability
of other provisions.
(g) Repealed.
(h) Home improvement loans; eligibility;
conditions; refinancing; premium charge;
defaults; debentures; exception;
limitation.
1715l. Housing for moderate income and displaced families.
(a) Purpose.
(b) Authorization.
(c) Definitions.
(d) Eligibility for insurance; conditions;
limits.
(e) ''Mortgagor'' defined; release of mortgagor
or part of property.
(f) Compliance with standards; nondwelling
facilities in projects in urban renewal
areas; number of family units; premium
charges; housing for low-income
purchasers; expiration of mortgage
insurance authority; ''family'' defined;
single occupants in subsection (d)(3)
housing; use of certain housing
facilities for classroom purposes; return
of advances for capital improvements.
(g) Entitlement of mortgagee to benefits;
applicability of other provisions;
debentures; ''going Federal rate''
defined; transfer of original credit
instrument.
(h) Insurance of mortgages to finance purchase
and rehabilitation by nonprofit
organizations of housing for resale to
low-income purchasers, and insurance of
mortgages executed for the purpose of
financing rehabilitation or improvement
of dwellings owned and occupied by
mortgagors who purchased from nonprofit
organizations.
(i) Conversion of insured project to plan of
family unit ownership; sale of units;
agreements for maintenance; release from
lien of project mortgage; insurance of
mortgages financing purchase of
individual family units; eligibility for
insurance; definitions.
(j) Conversion of insured rental projects to
cooperatives; eligibility for membership;
insurance of cooperative mortgages
financing purchase of projects;
eligibility for insurance.
(k) Increase in maximum insurance amounts for
costs incurred from solar energy systems
and energy conservation measures.
(l) Rental charges; ''eligible multifamily
housing'' defined.
1715m. Mortgage insurance for servicemen.
(a) Purpose; housing certificates.
(b) Eligibility of mortgage for insurance.
(c) Manner of acceptance; payment of premiums.
(d) Entitlement of mortgagee to benefits.
(e) Applicability of other provisions.
(f) Transfer of insurance on mortgages covering
single-family dwellings or one-family
units in condominium projects if mortgage
is assumed by serviceman.
(g) Extension of period of ownership where
serviceman dies while on active duty.
1715n. Miscellaneous mortgage insurance.
(a) Projects covered.
(b) Insurance of mortgages given to refinance
mortgages covering existing property or
projects in urban renewal areas.
(c) Insurance of certain assigned mortgages.
(d) Insurance of loans made to cover operating
losses of certain projects having
existing mortgages insured by Secretary.
(e) Insurance of mortgages executed in
connection with repair, rehabilitation,
construction, or purchase of property in
older, declining urban areas.
(f) Insurance of mortgages executed in
connection with purchase or refinancing
of existing multifamily housing project;
refinancing of existing debt of existing
hospital, or purchase or refinancing of
rental rehabilitated property; terms and
conditions, etc.
(g) Insurance of mortgages covering multifamily
housing projects including units not
self-contained.
1715o. Interest rate on debentures; method of
establishment.
1715p. Insurance of advances under open-end mortgages;
payment of charges; eligibility and conditions.
1715q. Delivery of statement of appraisal or estimates to
home buyers.
1715r. Requirement of builder's cost certification;
definitions.
1715s. Transferred.
1715t. Voluntary termination of insurance.
1715u. Authority to assist mortgagors in default.
(a) Loss mitigation.
(b) Payment of partial claim.
(c) Assignment.
(d) Prohibition of judicial review.
(e) Repealed.
(f) Applicability of other laws.
1715v. Insurance of mortgages for housing for elderly
persons.
(a) Purpose; definitions.
(b) Authorization.
(c) Eligibility for insurance; maximum amount
of mortgage; terms and conditions.
(d) Release of part of mortgaged property or
project from lien; preferences and
priorities in rental of dwellings.
(e) Applicability of other laws.
(f) Handicapped family units and facilities;
rental preference or priority.
1715w. Mortgage insurance for nursing homes, intermediate
care facilities, and board and care homes.
(a) Purpose.
(b) Definitions.
(c) Authorization.
(d) Terms and conditions; limitation on maximum
amount of mortgage; amortization;
interest; certification from State
agency.
(e) Release of part of mortgaged property or
project from lien.
(f) Applicability of other laws.
(g) Regulations covering intermediate care
facilities; consultations.
(h) Consultations concerning need for and
availability of intermediate care
facilities.
(i) Fire safety equipment for nursing homes,
assisted living facilities, intermediate
care facilities, or board and care homes.
(j) Schedules and deadlines for processing and
approval of applications.
1715x. Experimental housing insurance.
(a) Purpose; authorization.
(b) Eligibility for insurance; conditions;
limits.
(c) Contracts, agreements, and financial
undertakings with mortgagor.
(d) Investigations and analysis of data;
publication and distribution of reports.
(e) Entitlement to insurance benefits.
(f) Defaults; payment in cash or debentures;
acquisition of mortgage.
1715y. Mortgage insurance for condominiums.
(a) Purpose.
(b) Definitions.
(c) Authorization; eligibility for insurance;
conditions; limits.
(d) Blanket mortgages of multifamily projects;
plan of family unit ownership;
regulations; stock purchase and
redemption.
(e) Eligibility for insurance of blanket
mortgages of multifamily projects.
(f) Amortization of blanket mortgages of
multifamily projects; interest; releases;
extent of project.
(g) Entitlement to insurance benefits as
provided in section 1710(a) of this
title.
(h) Applicability of other provisions.
(i) Applicability of other provisions.
(j) Increase in maximum insurance amounts for
costs incurred from solar energy systems
and energy conservation measures.
(k) Rental housing conversion.
1715z. Homeownership or membership in cooperative
association for lower income families.
(a) Authorization for periodic assistance
payments to mortgagees; assistance to
manufactured home buyers.
(b) Qualifications and eligibility requirements
for assistance payments.
(c) Limitation on payments on behalf of
mortgagor; occupancy of property; maximum
amount of payment; recapture of amounts;
determination, applicability, etc.
(d) Limitation on payments on behalf of family
holding membership in cooperative
association; occupancy; maximum amount of
payment.
(e) Reimbursement for expenses in handling the
mortgage.
(f) Adoption of procedures for recertifications
of mortgagor's or cooperative member's
income.
(g) Regulations to assure that sales price or
other consideration paid is not increased
above appraised value.
(h) Authorization of appropriations; aggregate
amount of assistance payment contracts;
maximum income limits of families;
limitation on payments with respect to
existing dwellings or dwelling units in
existing projects and for approved
substantial rehabilitation of dwellings
or dwelling units in projects.
(i) Insurance of mortgages executed by
mortgagors meeting eligibility
requirements for assistance payments;
issuance of commitment; eligibility
requirements for insurance.
(j) Insurance of mortgages executed by
nonprofit organizations or public bodies
or agencies; issuance of commitment;
eligibility requirements for insurance;
insurance of mortgages executed to
finance sale of individual dwellings to
lower income individuals or families;
definitions; assistance payments to
mortgagees on behalf of nonprofit
organizations or public bodies and
agencies.
(k) Allocation and transfer of reasonable
portion of total authority to contract to
make assistance payments to Secretary of
Agriculture for use in rural areas and
small towns.
(l) Deductions for minors in determining income
limits; exclusion of earnings of minors.
(m) Termination date for insurance of
mortgages.
(n) Percentage limitation of mortgage insurance
on subdivision units; exceptions.
(o) Mortgage insurance over maximum limits
involving dwellings of community
sponsored programs of concentrated
redevelopment or revitalization.
(p) Mortgage insurance over maximum limits
involving dwellings to be occupied by
physically handicapped persons;
applicability, etc.
(q) Periodic assistance payments for emergency
stimulation of housing market; contracts,
terms and conditions, eligibility, etc.,
for payments.
(r) Refinancing.
1715z-1. Rental and cooperative housing for lower income
families.
(a) Authorization for periodic interest
reduction payments on behalf of owner of
rental housing project.
(b) Restrictions on payments; payments with
respect to projects financed under State
or local programs; mortgage insurance
premium.
(c) Amount of payments.
(d) Mortgage handling expenses.
(e) Operation of project in accordance with
requirements respecting tenant
eligibility and rents prescribed by
Secretary.
(f) Establishment of basic and fair market
rental charges; rental for dwelling
units; separate utility metering;
additional assistance payments for
low-income tenants; limitations; amounts;
approval of payments.
(g) Collection of excess rental charges; credit
to reserve for additional assistance
payments; retention by project owner.
(h) Rules and regulations.
(i) Authorization of appropriations; aggregate
amount of contracts; contracts for
assistance payments; income limitations;
availability of amounts for projects
approved prior to rehabilitation and
projects for occupancy by elderly or
handicapped families; definitions.
(j) Insurance of mortgages; definitions;
eligibility for insurance; mortgage
requirements; property or project
requirements; sale of individual dwelling
units; release of mortgagor from
liability or release of property from
lien of mortgage.
(k) Definitions.
(l) Allocation and transfer of reasonable
portion of total authority to contract to
make payments to Secretary of Agriculture
for use in rural areas and small towns.
(m) ''Income'' defined.
(n) Termination date for insurance of
mortgages; exception.
(o) State funding of interest reduction
payments.
(p) Contracts with State or local agencies for
monitoring and supervision of management
by private sponsors of assisted projects.
(q) Assistance to residents of covered
projects; contracting authority;
applicability.
(r) Payments for benefit of certain projects
having mortgages made by State or local
housing finance or government agencies.
(s) Grants and loans for rehabilitation of
multifamily projects.
1715z-1a. Assistance for troubled multifamily housing
projects.
(a) Purpose.
(b) Availability of financial assistance.
(c) Eligibility for financial assistance.
(d) Criteria for granting financial assistance.
(e) Consultation with local officials.
(f) Amount of financial assistance.
(g) Rules and regulations.
(h) Limitation on use of financial assistance.
(i) Repealed.
(j) Flexible Subsidy Fund.
(k) Assistance for capital improvements; loans
as medium of assistance; owner
contributions; priority of projects.
(l) Amount of assistance for capital
improvements; term of loan; rate of
interest; allowance for administrative
costs and probable program losses;
nondischargeable liability; other forms
for loans.
(m) Rental payment increases; minimization of
increases.
(n) Allocation of assistance.
(o) Coordination of assistance.
(p) Enhanced voucher eligibility.
1715z-1b. Tenant participation in multifamily housing
projects.
(a) Purpose; definitions.
(b) Rights of tenants.
(c) Regulations.
1715z-1c. Regulation of rents in insured projects.
1715z-2. Special mortgage insurance assistance.
(a) Purpose.
(b) Authorization to insure mortgages meeting
requirements of section.
(c) Eligibility for insurance.
(d) Preferences in approving mortgage insurance
applications and in providing counseling
services; eligible families.
(e) Budget, debt management, and related
counseling services.
(f) Aggregate principal balance of mortgages
insured.
(g) Premium fee.
(h) Assumption of loss.
(i) Guarantees.
(j) Authorization of appropriations.
1715z-3. Special Risk Insurance Fund.
(a) Entitlement to benefits; computation and
payment of benefits to mortgagee.
(b) Creation of fund; authorization for
advancements; repayment; crediting of
charges and fees; payments from fund;
authorization of appropriations for
losses; deposits to fund; open-market
purchases of debentures which are
obligations of fund.
(c) Mortgage insurance for military impacted
areas; criteria; obligation of Special
Risk Insurance Fund; establishment of
premiums and other charges.
1715z-4. Modifications in terms of mortgages covering
multifamily projects; requests for extensions to
cure defaults or for modification of mortgage
terms; regulations.
1715z-4a. Double damages remedy for unauthorized use of
multifamily housing project assets and income.
(a) Action to recover assets or income.
(b) Initiation of proceedings and temporary
relief.
(c) Amount recoverable.
(d) Time limitation.
(e) Continued availability of other remedies.
1715z-5. Purchase of fee simple title from lessors.
(a) Authorization to insure loans for purpose
of financing purchases.
(b) Definitions.
(c) Eligibility for insurance.
(d) Applicability of other provisions of law.
1715z-6. Supplemental loans for multifamily projects.
(a) Authorization to insure; ''supplemental
loan'' defined.
(b) Eligibility for insurance.
(c) Applicability of other provisions of law.
(d) Authorization to insure loans for
improvements or additions; terms and
conditions; limitation on amount.
(e) Loan insurance for energy conserving
improvements and solar energy systems.
(f) Repealed.
(g) Extension of rental assistance for term of
loan.
1715z-7. Mortgage insurance for hospitals.
(a) Purpose.
(b) Definitions.
(c) Authorization to insure; prohibition of
premiums on guarantees of principal and
interest under title VII of the Public
Health Service Act.
(d) Insurance of mortgages covering new or
rehabilitated hospitals, including
equipment; terms and conditions.
(e) Release of part of property or project from
lien.
(f) Encouragement of programs undertaking
responsibility to provide comprehensive
health care; immediate processing of
applications for public hospitals.
(g) Insurance of mortgages providing permanent
financing or refinancing of existing
mortgage indebtedness; aggregate
principal balance of mortgages.
(h) Applicability of other laws.
1715z-8. Mortgage assistance payments for middle-income
families.
(a) Determination by Secretary of necessity;
interest subsidy payments; effective
date.
(b) Qualifications of mortgagor for assistance
payments.
(c) Termination of interest subsidy payments.
(d) Monthly mortgage payments as determining
eligibility for interest subsidy
payments; mortgage assistance payments
for middle-income cooperative members;
interest subsidy payments; applicability
of provisions to cooperative mortgagors.
(e) Amount of interest subsidy payments.
(f) Adoption of procedures for recertifications
of mortgagor's income.
(g) Regulations to assure that sales price or
other consideration paid is not increased
above appraised value.
(h) Authorization of appropriations; aggregate
amount of assistance payment contracts;
termination date.
(i) Determination of family income; exclusion
of income of minors.
(j) Insurance of mortgages executed by
mortgagors meeting eligibility
requirements for assistance payments;
issuance of commitment; eligibility
requirements for insurance.
1715z-9. Co-insurance of eligible mortgage, advance, or
loan.
(a) Authority of Secretary; request of
mortgagee; premium charges; provisions of
contract of co-insurance;
non-applicability of state insurance
laws.
(b) Inspection of construction of dwellings or
projects as prerequisite; minimum
standards or criteria applicable.
(c), (d) Repealed.
(e) Availability unaffecting insurance
otherwise authorized; criteria for
exercise of authority by Secretary.
(f) Multifamily housing project; contract
provisions; aggregate principal amount of
all mortgages insured; loans on defaulted
mortgages; insurance for state assisted
projects and projects under construction;
definitions; amount of reserves.
(g) Redesignated (f).
(h) Acceptable co-insurance provisions for
rental rehabilitation; termination date.
(i) Authority of mortgagee to assign its
interest in any note or mortgage subject
to a contract of co-insurance; terms and
conditions respecting retention of
co-insurance risk of such note or
mortgage.
(i) Annual review of, and assessment of
compliance with, requirements; report;
adjustment of requirements.
1715z-10. Graduated payment and indexed mortgages.
(a) Criteria; principal obligation limitation;
termination date.
(b) Inapplicability of principal obligation
limitations.
(c) Mortgages with monthly adjustments based on
selected price index; priority;
regulations; number.
(d) Multifamily housing.
(e) Inapplicability of State constitution,
etc., provision limiting interest or
requiring minimum amortization of
principal.
1715z-11. Sale to cooperatives of multifamily housing
projects acquired by Secretary; acceptance of
purchase money mortgage for sale or insurance of
mortgage; principal amount of mortgage;
expenditures for repairs, etc., prior to sale.
1715z-11a. Disposition of HUD-owned properties.
(a) Flexible authority for multifamily
projects.
(b) Transfer of unoccupied and substandard
housing to local governments and
community development corporations.
1715z-12. Single-family mortgage insurance on Hawaiian home
lands.
(a) One- to four-family residence; eligibility.
(b) Construction advances.
(c) Insurance of mortgage as obligation of
General Insurance Fund.
(d) ''Native Hawaiian'' and ''Hawaiian home
lands'' defined.
(e) Certification of eligibility for existing
lessees.
1715z-13. Single family mortgage insurance on Indian
reservations.
(a) One- to four-family residence; eligibility.
(b) Construction advances; percentage
limitation on amount of principal
obligation; pledge of income from tribal
resources or assets.
(c) Lack of tribal or trust fund income.
(d) Availability of tribal eviction procedures.
(e) Assumption of mortgage.
(f) Insurance of mortgage as obligation of
General Insurance Fund.
(g) Availability of status and payment history
of loans; entitlement to benefit of
insurance; reinstatement of loan upon
cure of default; garnishment proceedings;
foreclosure proceedings.
(h) Premium charge for insurance; report to
Congress.
(i) ''Indian tribe'' and ''trust or otherwise
restricted land'' defined.
1715z-13a. Loan guarantees for Indian housing.
(a) Authority.
(b) Eligible loans.
(c) Certificate of guarantee.
(d) Guarantee fee.
(e) Liability under guarantee.
(f) Transfer and assumption.
(g) Disqualification of lenders and civil money
penalties.
(h) Payment under guarantee.
(i) Indian Housing Loan Guarantee Fund.
(j) Requirements for standard housing.
(k) Environmental review.
(l) Definitions.
1715z-13b. Loan guarantees for Native Hawaiian housing.
(a) Definitions.
(b) Authority.
(c) Eligible loans.
(d) Certificate of guarantee.
(e) Guarantee fee.
(f) Liability under guarantee.
(g) Transfer and assumption.
(h) Disqualification of lenders and civil money
penalties.
(i) Payment under guarantee.
(j) Hawaiian Housing Loan Guarantee Fund.
(k) Requirements for standard housing.
(l) Applicability of civil rights statutes.
1715z-14. Risk-sharing demonstration.
(a) Demonstration mortgage risk-sharing
program; areas; number of mortgages.
(b) One- to four-family dwellings; requirements
for private mortgage insurance companies.
(c) Required contract provisions.
(d) Mortgages offered for inclusion by
Secretary.
(e) Insured community development financial
institution.
1715z-15. Limitation on prepayment of mortgages on
multifamily rental housing.
(a) Acceptance of offer to prepay;
qualifications.
(b) Approval prior to foreclosure.
(c) ''Lower income families'' defined.
1715z-16. Adjustable rate single family mortgages.
(a) One- to four-family dwellings; maximum term
of mortgage; adjustments in effective
rate of interest.
(b) Written explanation of mortgage features.
(c) Number of mortgages and loans.
(d) Adjustable rate mortgage with initial fixed
rate of interest.
1715z-17. Shared appreciation mortgages for single family
housing.
(a) One- to four-family dwellings;
requirements.
(b) Payment of mortgagee's share of net
appreciated value; ''net appreciated
value'' defined.
(c) Entitlement of mortgagee upon default.
(d) Inapplicability of State constitution,
statute, etc., limiting or prohibiting
increases in outstanding loan balance.
(e) Encouraged use of insurance by low and
moderate income families.
(f) Consumer protections and disclosure
requirements.
(g) Number of mortgages and loans.
1715z-18. Shared appreciation mortgages for multifamily
housing.
(a) Five or more family units; requirements.
(b) Payment of mortgagee's share of net
appreciated value; term of mortgage;
repayment; ''net appreciated value''
defined.
(c) Entitlement of mortgagee upon default.
(d) Maximum percentage of net appreciated
value; disclosure requirements.
(e) Inapplicability of State constitution,
statute, etc., limiting or prohibiting
increases in outstanding loan balance.
(f) Number of dwelling units.
1715z-19. Equity skimming penalty.
(a) In general.
(b) Mortgage notes described.
1715z-20. Insurance of home equity conversion mortgages for
elderly homeowners.
(a) Purpose.
(b) Definitions.
(c) Insurance authority.
(d) Eligibility requirements.
(e) Disclosures by mortgagee.
(f) Information services for mortgagors.
(g) Limitation on insurance authority.
(h) Administrative authority.
(i) Protection of homeowner and lender.
(j) Safeguard to prevent displacement of
homeowner.
(k) Insurance authority for refinancings.
(l) Waiver of up-front premiums for mortgages
to fund long-term care insurance.
(m) Funding for counseling and consumer
education and outreach.
1715z-21. Delegation of insuring authority to direct
endorsement mortgagees.
(a) Authority.
(b) Considerations.
(c) Enforcement of insurance requirements.
(d) Termination of mortgagee's authority.
(e) Requirements and procedures.
1715z-22. Multifamily mortgage credit programs.
(a) In general.
(b) Risk-sharing program.
(c) Housing finance agency program.
1715z-22a. Definitions.
SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
1716. Declaration of purposes of subchapter.
1716-1, 1716a. Repealed.
1716b. Partition of Federal National Mortgage Association
into Federal National Mortgage Association and
Government National Mortgage Association; assets
and liabilities; operations.
1717. Federal National Mortgage Association and
Government National Mortgage Association.
(a) Creation; succession; principal and other
offices.
(b) Purchase and sale of insured and
conventional mortgages; transactions in
loans and advances of credit.
(c) Administration of trusts; obligations of
departments and agencies of the United
States; exemption of interest income from
taxation; authorization of appropriations
for differential reimbursements.
1717a. Prohibition against sale of obligations by Federal
departments and agencies after June 30, 1966,
without compliance with requirements of section
1717(c) of this title or without approval by
Secretary of the Treasury; exemption.
1718. Capitalization of Federal National Mortgage
Association.
(a) Common stock; preferred stock;
transferability of shares.
(b) Fees and charges; annual transfer of
earnings to general surplus account.
(c) Capital distributions from general surplus
account; minimum capitalization levels.
(d) Institutions eligible to purchase stock.
1719. Secondary market operations.
(a) Purchase and sale of mortgages; secondary
market operations; advance of funds or
origination of loans; settlement or
extinguishment of borrower's rights.
(b) Obligations of the Corporation.
(c) Purchase of obligations by Treasury;
conditions and restrictions.
(d) Mortgage-backed securities; issuance;
maturities; rates of interest; exempt
securities; adequacy of mortgages to
permit principal and interest payments;
statement in securities.
(e) Subordinated or convertible obligations;
issuance; maturities; rate of interest;
redemption; exempt securities; debt or
obligation of United States; purchases in
open market.
(f) Prohibition on assessment or collection of
fee or charge by United States.
1720. Repealed.
1721. Management and liquidation functions of Government
National Mortgage Association.
(a) Separate accountability of assets and
liabilities.
(b) Issuance of obligations to expedite
substitution of private financing.
(c) Cutoff date as controlling purchases; total
amount of mortgages and commitments.
(d) Issuance of obligations sufficient to carry
out functions; character; purchase.
(e) Acquisition of mortgages offered by
Secretary of Housing and Urban
Development.
(f) Transfer of funds.
(g) Guarantee of principal and interest on
trust certificates and other securities;
fees and charges; subrogation; contract
for extinguishment of right, title, or
interest in mortgages; protection of
interests; full faith and credit;
commitments limited; limitation on fees
or charges.
1722. Benefits and burdens incident to administration of
functions and operations under sections 1720 and
1721.
1723. Management.
(a) Government National Mortgage Association.
(b) Federal National Mortgage Association.
1723a. General powers of Government National Mortgage
Association and Federal National Mortgage
Association.
(a) Seal, and other matters incident to
operation.
(b) Determination with respect to obligations
and expenditures.
(c) Exemption from taxation.
(d) Appointment and compensation of personnel;
use of services of other agencies.
(e) Prohibition against use of names;
injunction; damages.
(f) Preparation of forms of obligations and
certificates.
(g) Depositaries, custodians, and fiscal
agents.
(h), (i) Repealed.
(j) Audit; access to books, etc.; report of
audit.
(k) Financial reports; submission to Director;
contents.
(l) Independent audits of financial statements.
(m) Mortgage data collection and reporting
requirements.
(n) Report on housing activities; contents;
public disclosure.
(o) Affordable Housing Advisory Council.
1723b. Investment of funds.
1723c. Obligations, participations, or other instruments
as lawful investments; acceptance as security;
exempt securities.
1723d. Transfer of certain functions to Association.
1723e to 1723h. Repealed.
1723i. Civil money penalties against issuers.
(a) In general.
(b) Violations for which penalty may be
imposed.
(c) Agency procedures.
(d) Judicial review of agency determination.
(e) Action to collect penalty.
(f) Settlement by Secretary.
(g) ''Knowingly'' defined.
(h) Regulations.
(i) Deposit of penalties.
SUBCHAPTER IV - INSURANCE OF SAVINGS AND LOAN ACCOUNTS
1724 to 1730i. Repealed.
SUBCHAPTER V - MISCELLANEOUS
1731. Repealed.
1731a. Penalties.
1731b. Prohibition against transient housing.
(a) Intent of Congress.
(b) Exceptions to prohibition.
(c) Certification as to use as requisite for
insurance; exceptions to prohibition
against insuring.
(d) Enforcement by Secretary.
(e) Definitions.
(f) Investigation after notice of violation;
cease order.
(g) Prosecution by Attorney General for
continued violation.
(h) Judicial procedure for injunction or other
order.
(i) Injunctive relief for hotel owners.
(j) Jurisdiction of district courts.
1732. Separability.
1733. Application of other laws.
1734. Amendment, extension, or increase of commitment
amounts.
1735. Payment of certain funds to Treasury.
1735a. Prepayment of mortgages by nonprofit educational
institutions; refunds.
1735b. Expenditures to correct or reimburse for structural
or other major defects in mortgaged homes.
(a) Prior to beginning of construction.
(b) Mortgages insured on or after August 1,
1968, but prior to January 1, 1973;
requirements; reimbursement from seller;
insurance fund chargeable.
(c) Regulations; finality of decision.
(d) Mortgages insured on or after January 1,
1973, but prior to August 1, 1976;
requirements; reimbursement from seller;
insurance fund chargeable.
(e) Report to Congress on effective program for
protecting home buyers.
1735c. General Insurance Fund.
(a) Establishment; purpose; mortgages or loans
insurable; transfers to.
(b) Expenses chargeable to Fund.
(c) Deposit or investment of moneys; purchase
of debentures.
(d) Credits and charges to Fund.
(e) Restrictions on use of Fund.
(f) Risk assessment.
1735d. Payment of insurance benefits in cash or
debentures; borrowing money from Treasury to make
payments.
1735e. Acceptance of materials or products used in
structures.
1735e-1. Use of American materials and products.
1735f. Water and sewerage facilities.
1735f-1. Waiver of deduction on assignment of property to
Secretary in lieu of foreclosure.
1735f-2. Uniform rehabilitation standards for housing within
and without urban renewal areas.
1735f-3. Insurance of mortgage proceeds advanced during
construction or rehabilitation or prior to final
endorsement of project mortgage.
1735f-4. Minimum property standards.
1735f-5. Prohibition against discrimination on account of
sex in extension of mortgage assistance;
consideration of combined income of husband and
wife for purpose of extending mortgage credit;
definitions.
1735f-6. Secondary mortgages held by State or local
governmental agency on insured properties.
1735f-7. Exemption from State usury laws; applicability.
1735f-7a. State constitution or laws limiting mortgage
interest, discount points, and finance or other
charges; exemption for obligations made after
March 31, 1980.
(a) Applicability to loan, mortgage, credit
sale, or advance; applicability to
deposit, account, or obligation.
(b) Applicability to loan, mortgage, credit
sale, or advance made in any State after
April 1, 1980.
(c) Applicability to loan, mortgage, credit
sale, or advance secured by first lien on
residential manufactured home.
(d) Implementation of provisions applicable to
residential manufactured home.
(e) Definitions.
(f) Rules, regulations, and interpretations.
(g) Effective date.
1735f-8. Time of payment of premium charges.
1735f-9. Limitation on commitments to insure loans and
mortgages.
1735f-10. Purchaser-broker arrangement payments for insurance
purposes.
1735f-11. Review of mortgagee performance and authority to
terminate.
(a) Periodic review of mortgagee performance.
(b) Comparison with other mortgagees.
(c) Termination of mortgagee origination
approval.
1735f-12. Assurance of adequate processing of applications
for loan and mortgage insurance.
(a) State offices.
(b) Expedited procedure for RTC properties.
1735f-13. Prohibition of requirement of minimum principal
loan amount.
1735f-14. Civil money penalties against mortgagees, lenders,
and other participants in FHA programs.
(a) In general.
(b) Violations for which a penalty may be
imposed.
(c) Agency procedures.
(d) Judicial review of agency determination.
(e) Action to collect penalty.
(f) Settlement by Secretary.
(g) ''Knowingly'' defined.
(h) Regulations.
(i) Deposit of penalties in insurance funds.
1735f-15. Civil money penalties against multifamily
mortgagors.
(a) In general.
(b) Penalty for violation of agreement as
condition of transfer of physical assets,
flexible subsidy loan, capital
improvement loan, modification of
mortgage terms, or workout agreement.
(c) Other violations.
(d) Agency procedures.
(e) Judicial review of agency determination.
(f) Civil money penalties against multifamily
mortgagors, general partners of
partnership mortgagors, officers and
directors of corporate mortgagors, and
certain managing agents.
(g) Settlement by Secretary.
(h) ''Knowingly'' defined.
(i) Regulations.
(j) Deposit of penalties in insurance funds.
(k) Identity of interest managing agent.
1735f-16. Annual audited financial statements.
1735f-17. Examinations and sanctions for certain violations.
(a) Examinations and sanctions.
(b) Monitoring and review.
1735f-18. Information regarding early defaults and
foreclosures on insured mortgages.
(a) In general.
(b) Contents.
(c) Annual reports.
(d) Definitions.
1735f-19. Partial payment of claims on defaulted mortgages
and in connection with mortgage restructuring.
(a) Defaulted mortgages.
(b) Existing mortgages.
(c) Repayment.
1735f-20. Authorization of appropriations for general and
special risk insurance funds.
1735g. Mortgage relief for homeowners who are unemployed
as result of closing of Federal installation.
(a) Definitions.
(b) Application for, issuance and expiration of
certificate of moratorium.
(c) Notice to mortgagee of assumption of
mortgagor's obligation by agency; amount
of payments; suspension of payments by
mortgagor; prohibition against further
action to enforce or collect payments;
liability of mortgagor upon expiration of
certificate; notice of expiration of
certificate.
(d) Regulations.
(e) Fund for extending financial assistance to
distressed mortgagors.
1735h. Repealed.
SUBCHAPTER VI - WAR HOUSING INSURANCE
1736. Definitions.
1737. Repealed.
1738. Insurance of mortgages.
(a) Relief of housing shortage; eligibility;
limitations on time and amount.
(b) Eligibility requirements.
(c) Premium charges; payments; acceptance for
insurance; preferences; adjustments and
refunds.
(d) Conclusiveness of insurance contract as to
eligibility.
1739. Mortgage insurance benefits.
(a) Conveyance and assignment by mortgagee
after foreclosure; debentures and
certificates of claim; cost of
foreclosure.
(b) Consent to release of mortgagee or
property.
(c) Debentures; form and denomination.
(d) Debentures; execution; negotiability;
terms; tax exemptions.
(e) Certificate of claim.
(f) Division of excess proceeds.
(g) Handling and disposal of property;
settlement of claims.
(h) Mortgagor's or mortgagee's interest in
property or claim conveyed.
1740. Repealed.
1741. State taxation of realty held by Secretary.
1742. Rules and regulations.
1743. Insurance of mortgages.
(a) Additional authorization; advances during
construction.
(b) Eligibility requirements.
(c) Payments; default; insurance benefits for
mortgagee; value of mortgage; foreclosure
of mortgage.
(d) Certificates of claim; amount.
(e) Debentures; date of issuance; interest.
(f) Applicability of other provisions.
(g) Mortgages in connection with sale of
property under subchapter I, II, VIII, or
X of this chapter.
1744. Insurance of loans for manufacture of houses.
(a) Relief of housing shortage; advances.
(b) Eligibility requirements.
(c) Release of security.
(d) Payments; default; insurance benefits for
mortgagee; prerequisites; value of
mortgage.
(e) Debentures; date of issuance; interest.
(f) Applicability of other provisions.
(g) Disposal of evidence of debt, contract,
claim, personal property, or security;
collection or compromise of obligations
and rights.
(h) Premium charges; amount; manner of payment;
application fees.
(i) Insurance for accepting and discounting
promissory notes; contract provisions;
default in payments; remedies;
debentures; interest; premium charges.
1745. Insurance of mortgages on sales of Government
housing; limits and conditions; Greenbelt towns;
State housing.
1746. Insurance on mortgages on large-scale housing
projects.
(a) Additional authorization; encouragement of
cost-reduction techniques; advances.
(b) Eligibility requirements.
(c) Preferences in occupancy for veterans and
hardship cases.
(d) Applicability of other provisions.
1746a. Termination of commitment authority under this
subchapter.
SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL HOUSING FOR
FAMILIES OF MODERATE INCOME
1747. Purpose of subchapter; authorization; terms and
conditions; expiration of insurance contract.
1747a. Eligibility for insurance.
1747b. Premium charges; fees for examination and
inspection.
1747c. Rent schedules.
1747d. Excess earnings used for amortization of original
investment.
1747e. Financial statements by Secretary.
1747f. Payment of claims; assignment of benefits by
investors.
1747g. Debentures.
(a) Acquisition of project by Secretary;
issuance of debentures.
(b) Relinquishment of project by investor.
(c) Adjustment of difference between
outstanding investment and total face
value of debentures.
(d) Termination of insurance contract by
Secretary.
(e) Issuance and execution of debentures.
(f) Terms and conditions of debentures.
(g) Exemption from taxation; exceptions;
guaranty.
(h) Payment of expenses and charges; collection
of claims.
1747h. Termination of insurance contract by investor.
1747i. Repealed.
1747j. Taxation of real property.
1747k. Rules and regulations.
1747l. Definitions.
SUBCHAPTER VIII - ARMED SERVICES HOUSING MORTGAGE INSURANCE
1748. Definitions.
1748a. Repealed.
1748b. Insurance of mortgages.
(a) Aggregate amount of insurance; termination
date.
(b) Eligibility for insurance.
(c) Premium charges.
(d) Default by mortgagor; rights of mortgagee.
(e) Debentures; issuance; form and
denomination.
(f) Debentures; execution; signature;
negotiability; interest rate; tax
exemption; guarantee.
(g) Claim certificates.
(h) Laws applicable.
(i) Secretary's additional powers to insure
certain mortgages.
(j) Conclusiveness and validity of insurance
contract.
(k) Certification as to overtime wages paid to
laborers and mechanics.
1748c. Repealed.
1748d. Lease of property; terms and conditions.
1748e. Mortgages on property in Alaska.
1748f. Rules and regulations.
1748g. Cost certification.
1748g-1, 1748h. Omitted.
1748h-1. Civilian employees of Armed Forces.
(a) Requirements; certificate of need for
housing and employment status.
(b) Certification of housing need to Secretary;
guaranty from loss; authorization of
appropriations.
(c) Economic soundness of property.
(d) Insurance benefits to which mortgagee
entitled.
(e) Payment of insurance; meaning of terms.
(f) Provisions of subchapter applicable;
termination date.
(g) Housing for persons employed by National
Aeronautics and Space Administration or
Atomic Energy Commission; guaranty from
loss; definitions.
1748h-2. Insurance of mortgages for defense housing for
impacted areas.
(a) Authorization.
(b) Eligibility requirements.
(c) Economical soundness of property or
project.
(d) Rental conditions; preferences and
priorities in the sale or rental of
dwellings.
(e) Property held by mortgagor approved by
Secretary; acquisition of stock or
interest; redemption.
(f) Mortgage limitations for multifamily rental
property or project.
(g) Mortgage limitation for property or project
constructed for eventual sale of
single-family dwellings.
(h) Amortization; interest; release of part of
mortgaged property from lien; replacement
of certain mortgages by individual
mortgages; commercial and community
facilities.
(i) Limitation on aggregate number of dwelling
units.
(j) Applicability of other laws.
(k) Aggregate amount of mortgages insured;
termination date.
1748h-3. Payments in lieu of taxes; limitations; exemption
from taxation.
1748i. Omitted.
SUBCHAPTER IX - HOUSING FOR EDUCATIONAL INSTITUTIONS
1749 to 1749c. Repealed.
1749d. Cost of inspections and of providing
representatives.
SUBCHAPTER IX-A - MORTGAGE INSURANCE FOR LAND DEVELOPMENT AND NEW
COMMUNITIES
1749aa to 1749ll. Repealed.
SUBCHAPTER IX-B - MORTGAGE INSURANCE FOR GROUP PRACTICE FACILITIES
AND MEDICAL PRACTICE FACILITIES
1749aaa. Insurance of mortgages.
(a) Authority of Secretary; termination date.
(b) Eligibility for insurance.
(c) Replacement cost of property; maturity;
amortization; interest rate.
(d) Conclusiveness of insurance contract as to
eligibility; validity of contract
incontestable.
(e) Undertaking.
(f) Recordkeeping; reports; examination and
audit.
1749aaa-1. Premiums and other charges.
1749aaa-2. Payment of insurance benefits.
1749aaa-3. Regulations.
1749aaa-4. Administration.
(a) Technical assistance.
(b) Utilization of services and facilities of
Federal agencies; payment; advances or
reimbursement.
1749aaa-5. Definitions.
SUBCHAPTER IX-C - NATIONAL INSURANCE DEVELOPMENT PROGRAM
1749bbb to 1749bbb-2. Omitted.
PART A - STATEWIDE PLANS TO ASSURE FAIR ACCESS TO INSURANCE
REQUIREMENT
1749bbb-3 to 1749bbb-6a. Omitted.
PART B - REINSURANCE COVERAGE
1749bbb-7 to 1749bbb-10. Omitted.
PART C - FEDERAL INSURANCE AGAINST BURGLARY AND THEFT
1749bbb-10a to 1749bbb-10d. Omitted.
PART D - GENERAL PROVISIONS
1749bbb-11 to 1749bbb-21. Omitted.
SUBCHAPTER X - NATIONAL DEFENSE HOUSING INSURANCE
1750. Definitions.
1750a, 1750a-1. Repealed or Omitted.
1750b. Insurance in critical areas.
(a) Limitations; termination of certain
commitments; requirements; discrimination
against children.
(b) Eligibility requirements.
(c) Premium charges; payments; needs of
national defense as prerequisite;
adjustments and refunds.
(d) Preference or priority in purchasing or
renting properties.
(e) Conclusiveness of insurance contract as to
eligibility.
1750c. Mortgage insurance benefits.
(a) Conveyance and assignment by mortgagee
after foreclosure; debentures and
certificates of claim; cost of
foreclosure.
(b) Consent to release of mortgagee or
property.
(c) Debentures; form and denomination.
(d) Debentures; execution; negotiability;
terms; tax exemptions.
(e) Certificate of claim; division of excess
proceeds.
(f) Handling and disposal of property;
settlement of claims.
(g) Mortgagor's or mortgagee's interest in
property or claim conveyed.
1750d. Repealed.
1750e. Taxation.
1750f. Rules and regulations.
1750g. Insurance of additional mortgages.
(a) Authorization.
(b) Eligibility requirements; release of part
of property.
(c) Default; debentures; cash adjustment;
certificate of claim.
(d) Certificate of claim; contents and payment.
(e) Debentures; issuance and payment in
accordance with section 1750c(c), (d) of
this title.
(f) Applicability of section 1713(k), (l) of
this title.
(g) Applications under section 1743; credit for
fees upon reapplication under this
section.
(h) Preferences.
SUBCHAPTER XI - VOLUNTARY HOME MORTGAGE CREDIT
1750aa to 1750jj. Omitted.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1441a, 1454, 1464,
1701r-1, 1701z-7, 1701z-11, 1709a, 1715z-1a, 1715z-1c, 1715z-4a,
1715z-13b, 1715z-22, 1735f-7a, 1735g, 1786, 1831q, 2710, 3802, 4901
of this title; title 7 section 1933; title 11 section 362; title 15
sections 77ddd, 2227; title 38 section 3704; title 40 section 113;
title 42 sections 1382a, 1437f, 1490a, 1490p-2, 2322, 3012, 3535,
5407, 12709, 12852, 13632; title 48 section 1425.
-CITE-
12 USC Sec. 1701 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701. Short title
-STATUTE-
This chapter may be cited as the ''National Housing Act.''
-SOURCE-
(June 27, 1934, ch. 847, 48 Stat. 1246.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original ''this
Act'', meaning act June 27, 1934, ch. 847, 48 Stat. 1246, as
amended, which is classified principally to this chapter (Sec. 1701
et seq.). For complete classification of this Act to the Code, see
Tables.
-MISC2-
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-326, Sec. 1, Dec. 4, 2002, 116 Stat. 2792, provided
that: ''This Act (enacting section 1712a of this title, amending
sections 1709, 1713, 1715e, 1715k, 1715l, 1715v, 1715y, 1715z-10,
and 1721 of this title, and repealing provisions set out as a note
under section 1721 of this title) may be cited as the 'FHA
Downpayment Simplification Act of 2002'.''
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-569, Sec. 1(a), Dec. 27, 2000, 114 Stat. 2944,
provided that: ''This Act (see Tables for classification) may be
cited as the 'American Homeownership and Economic Opportunity Act
of 2000'.''
Pub. L. 106-569, title VIII, Sec. 801, Dec. 27, 2000, 114 Stat.
3018, provided that: ''This title (amending sections 1701q and
1715z-1 of this title and sections 8013, 13631, and 13632 of Title
42, The Public Health and Welfare, and enacting provisions set out
as notes under this section and sections 1701q and 1715z-1 of this
title) may be cited as the 'Affordable Housing for Seniors and
Families Act'.''
Pub. L. 106-281, Sec. 1, Oct. 6, 2000, 114 Stat. 865, provided
that: ''This Act (amending section 1709 of this title) may be cited
as the 'FHA Downpayment Simplification Extension Act of 2000'.''
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-74, title V, Sec. 501(a), Oct. 20, 1999, 113 Stat.
1100, provided that: ''This title (enacting section 1701q-2 of this
title, amending sections 1701q, 1701q-2, 1715z-1, 1715z-1a,
1715z-11a, and 4113 of this title and sections 1437f and 8013 of
Title 42, The Public Health and Welfare, enacting provisions set
out as notes in sections 1701q and 1715z-1 of this title and
section 12701 of Title 42, and amending provisions set out as a
note under section 1437f of Title 42) may be cited as the
'Preserving Affordable Housing for Senior Citizens and Families
into the 21st Century Act'.''
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-65, title V, Sec. 510, Oct. 27, 1997, 111 Stat. 1385,
provided that: ''This title (enacting section 1437z-1 of Title 42,
The Public Health and Welfare, amending sections 1708, 1715z-1,
1715z-4a, 1715z-19, 1735f-14, 1735f-15, 1735f-19, and 4565 of this
title, section 1516 of Title 18, Crimes and Criminal Procedure,
section 6103 of Title 26, Internal Revenue Code, and sections 503,
1437f, and 1437z of Title 42, enacting provisions set out as notes
under sections 1735f-14 and 1735f-15 of this title and sections
503, 1437f, and 1437z-1 of Title 42, and amending provisions set
out as notes under section 1437f of Title 42) may be cited as the
'Multifamily Assisted Housing Reform and Affordability Act of
1997'.''
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-120, Sec. 1, Mar. 28, 1996, 110 Stat. 834, provided
that: ''This Act (enacting section 1490p-2 of Title 42, The Public
Health and Welfare, amending sections 1715z-20, 1715z-22, and 1721
of this title and sections 1437d, 1437e, 1437n, 1479, 1485,
1490p-2, and 5308 of Title 42, and enacting provisions set out as
notes under section 4101 of this title and sections 1437d, 1437f,
5305, and 12805 of Title 42) may be cited as the 'Housing
Opportunity Program Extension Act of 1996'.''
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-233, Sec. 1(a), Apr. 11, 1994, 108 Stat. 342,
provided that: ''This Act (enacting sections 1735f-19 and 1735f-20
of this title and sections 1437x, 3547, 5321, and 12840 of Title
42, The Public Health and Welfare, amending sections 1701z-11,
1713, 1715e, 1715k, 1715y, 1715z-1a, 1715z-3, and 1735c of this
title and sections 1437a, 1437d, 1437f, 1437g, 1437l, 3535, 4852,
5301, 5304, 5305, 5308, 5318, 12704, 12744, 12745, 12750, 12833,
12838, and 12893 of Title 42, enacting provisions set out as notes
under sections 1701z-11, 1715n, and 1715z-1a of this title and
sections 5301 and 5318 of Title 42, amending provisions set out as
notes under sections 1707 and 1715z-1a of this title and section
3545 of Title 42, and repealing provisions set out as a note under
section 1701z-11 of this title) may be cited as the 'Multifamily
Housing Property Disposition Reform Act of 1994'.''
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-550, title V, Sec. 541, Oct. 28, 1992, 106 Stat.
3794, provided that: ''This subtitle (subtitle C (Sec. 541-544) of
title V of Pub. L. 102-550, enacting sections 1715z-22 and
1715z-22a of this title) may be cited as the 'Multifamily Housing
Finance Improvement Act'.''
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-440, Sec. 1, Oct. 3, 1984, 98 Stat. 1689, provided:
''That this Act (enacting section 77r-1 of Title 15, Commerce and
Trade, and amending sections 24, 1451, 1454, 1455, 1464, 1717,
1723, 1723a, 1723c, and 1757 of this title and sections 78c, 78g,
78h, and 78k of Title 15) may be cited as the 'Secondary Mortgage
Market Enhancement Act of 1984'.''
SHORT TITLE OF 1983 AMENDMENT
Pub. L. 98-181, Sec. 1(a), Nov. 30, 1983, 97 Stat. 1155, provided
that: ''Titles I through XI of this Act (enacting sections 635i-1,
635i-2, 635o to 635t, 1701g-5b, 1701p-1, 1701r-1, 1701z-10a,
1715z-12 to 1715z-18, and 3901 to 3912 of this title, section 1671g
of Title 19, Customs Duties, sections 276c-3, 283z-3, 285x, 285y,
286b-2, 286e-1i, 286y, 286z, 286aa to 286gg, and 290g-12 of Title
22, Foreign Relations and Intercourse, and sections 1437o to 1437q,
1490k to 1490o, and 3542 of Title 42, The Public Health and
Welfare, amending sections 635, 635a, 635a-2, 635a-3, 635a-4, 635b,
635e, 635f, 635g, 1437, 1701j-2, 1701j-3, 1701q, 1701s, 1701x,
1701z-1, 1703, 1706d, 1706e, 1707, 1709, 1710, 1713, 1715e, 1715h,
1715k, 1715l, 1715n, 1715u, 1715v, 1715w, 1715y, 1715z, 1715z-1,
1715z-1a, 1715z-5, 1715z-6, 1715z-7, 1715z-9, 1715z-10, 1721, 1735,
1735b, 1735c, 1735f-4, 1735f-8, 1735f-9, 1748h-1, 1748h-2, 1749bb,
1749aaa, 1749bbb to 1749bbb-2, 1749bbb-5 to 1749bbb-20, 1812, 2602,
2607, 2614, 2617, 2803, 2807, 2809, 2810, 3202, 3602, 3606, 3609,
3612, 3618, 3620, 3703, and 3804 of this title, sections 1671a and
1671b of Title 19, sections 262d, 286b, 286c, 286e-2, and 286q of
Title 22, sections 1437a, 1437c, 1437d, 1437f, 1437g, 1437n, 1437l,
1439, 1452, 1452b, 1456, 1471, 1472, 1474, 1476, 1479 to 1481, 1483
to 1487, 1490, 1490a, 1490c, 1490e, 1490f, 1490j, 1500c-2, 2414,
3103, 3936, 4003, 4011 to 4020, 4022 to 4025, 4026, 4027, 4041,
4051 to 4054, 4055, 4056, 4071, 4072, 4081 to 4084, 4101 to 4107,
4121 to 4123, 4127, 4128, 5301, 5302 to 5308, 5312, 5316, 5318,
6872, 8007, 8010, and 8107 of Title 42, and section 2166 of the
Appendix to Title 50, War and National Defense, repealing sections
1709-1, 1720, and 1723e of this title, section 484b of former Title
40, Public Buildings, Property, and Works, and sections 1482,
1490g, 1490i, 1500c, 3901, 3902 to 3906, 3908, 3909, 3911, 3914,
4511 to 4524, and 4528 to 4532 of Title 42, enacting provisions set
out as notes under sections 635, 635a, 635o, 1701q, 1701z-6, 1709,
1713, 1715z-14, 1720, 2602, 3620, and 3901 of this title, section
484b of former Title 40, and sections 602, 1436a, 1437a, 1437f,
1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title
42, amending provisions set out as notes under section 5301 of
Title 42, and repealing provisions set out as notes under sections
1709-1 and 1723 of this title and sections 1437a and 3901 of Title
42) may be cited as the 'Domestic Housing and International
Recovery and Financial Stability Act'.''
Pub. L. 98-181, Sec. 1(b), Nov. 30, 1983, 97 Stat. 1155, provided
that: ''Titles I through V of this Act (enacting sections 1701g-5b,
1701p-1, 1701r-1, 1701z-10a, and 1715z-12 to 1715z-18 of this title
and sections 1437o to 1437q, 1490k to 1490o, and 3542 of Title 42,
The Public Health and Welfare, amending sections 1701j-2, 1701j-3,
1701q, 1701s, 1701x, 1701z-1, 1703, 1706d, 1706e, 1707, 1709, 1710,
1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715u, 1715v, 1715w,
1715y, 1715z, 1715z-1, 1715z-1a, 1715z-5, 1715z-6, 1715z-7,
1715z-9, 1715z-10, 1721, 1735, 1735b, 1735c, 1735f-4, 1735f-8,
1735f-9, 1748h-1, 1748h-2, 1749bb, 1749aaa, 1749bbb to 1749bbb-2,
1749bbb-5 to 1749bbb-20, 2602, 2607, 2614, 2617, 3602, 3606, 3609,
3612, 3618, 3620, 3703, and 3804 of this title, and sections 1437a,
1437c, 1437d, 1437f, 1437g, 1437n, 1437l, 1439, 1452, 1452b, 1456,
1471, 1472, 1474, 1476, 1479 to 1481, 1483 to 1487, 1490, 1490a,
1490c, 1490e, 1490f, 1490j, 1500c-2, 2414, 3103, 3936, 4003, 4011
to 4020, 4022 to 4025, 4026, 4027, 4041, 4051 to 4054, 4055, 4056,
4071, 4072, 4081 to 4084, 4101 to 4107, 4121 to 4123, 4127, 4128,
5301, 5302 to 5308, 5312, 5316, 5318, 6872, 8007, 8010, and 8107 of
Title 42, repealing sections 1709-1, 1720, and 1723e of this title,
section 484b of former Title 40, Public Buildings, Property, and
Works, and sections 1482, 1490g, 1490i, 1500c, 3901, 3902 to 3906,
3908, 3909, 3911, 3914, 4511 to 4524, and 4528 to 4532 of Title 42,
enacting provisions set out as notes under sections 1701q, 1701z-6,
1709, 1713, 1715z-14, 1720, 2602, and 3620 of this title, section
484b of former Title 40, and sections 602, 1436a, 1437a, 1437f,
1441, 1472, 1490a, 3901, 4015, 4122, 4518, 5316, and 5318 of Title
42, amending provisions set out as notes under section 5301 of
Title 42, and repealing provisions set out as notes under sections
1709-1 and 1723 of this title and sections 1437a and 3901 of Title
42) may be cited as the 'Housing and Urban-Rural Recovery Act of
1983'.''
SHORT TITLE OF 1979 AMENDMENT
Pub. L. 96-153, title III, Sec. 311(a), Dec. 21, 1979, 93 Stat.
1115, provided that: ''This section (amending section 1715z-10 of
this title) may be cited as the 'Homeownership Opportunity Act of
1979'.''
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-630, title VII, Sec. 701, Nov. 10, 1978, 92 Stat.
3687, provided that: ''This title (amending section 1730 of this
title) may be cited as the 'Change in Savings and Loan Control Act
of 1978'.''
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95-24, Sec. 1, Apr. 30, 1977, 91 Stat. 55, provided:
''That this Act (amending sections 1706e, 1715k, 1715l, 1735c,
1749bbb, and 1749bbb-8 of this title and sections 1437c, 1437f,
1437g, and 1451 of Title 42, The Public Health and Welfare, and
enacting provisions set out as a note under section 1441 of Title
42) may be cited as the 'Supplemental Housing Authorization Act of
1977'.''
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-375, Sec. 1, Aug. 3, 1976, 90 Stat. 1067, provided
that: ''This Act (enacting section 1701z-7 of this title, amending
sections 1464, 1701j-2, 1701q, 1701z-1 to 1701z-3, 1706e, 1713,
1715e, 1715k, 1715l, 1715v, 1715y, 1715z, 1715z-1, 1715z-6,
1715z-9, 1715z-10, 1723, 1723a, 1723e, 1735b, 1735c, 2708, 2709,
and 2710 of this title, section 5315 of Title 5, Government
Organization and Employees, section 461 of former Title 40, Public
Buildings, Property, and Works, sections 1437a, 1437c, 1437f,
1437g, 1452b, 1480, 1490, 1490a, 3535, 4056, 4106, 4127, 4521,
5303, 5305, 5307, and 5316 of Title 42, The Public Health and
Welfare, enacting provisions set out as notes under sections 1437c
and 1723e of this title, section 461 of former Title 40, and
section 1382 of Title 42, and amending provisions set out as notes
under sections 1715e and 1723e of this title) may be cited as the
'Housing Authorization Act of 1976'.''
SHORT TITLE OF 1975 AMENDMENT
Pub. L. 94-13, prec. Sec. 1, Apr. 8, 1975, 89 Stat. 68,
provided: ''That this Act (amending section 1749bbb of this title
and enacting provisions set out as a note under section 1749bbb of
this title) may be cited as the 'National Insurance Development Act
of 1975'.''
SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-449, Sec. 1, Oct. 18, 1974, 88 Stat. 1364, provided
that: ''This Act (enacting section 1723e of this title, amending
sections 347b, 1430, 1464, 1703, and 1709 of this title, enacting
provisions set out as notes under section 1723e of this title, and
amending provisions set out as a note under section 1904 of this
title) may be cited as the 'Emergency Home Purchase Assistance Act
of 1974'.''
SHORT TITLE OF 1970 AMENDMENTS
Pub. L. 91-609, Sec. 1, Dec. 31, 1970, 84 Stat. 1770, provided:
''That this Act (enacting sections 1466a, 1701z-1 to 1701z-4,
1709-2, 1735f-2, 1749bbb-6a, and 1749bbb-10a to 1749bbb-10d of this
title; sections 694a and 694b of Title 15, Commerce and Trade; and
chapter 59 (Sec. 4501 et seq. and 4511 et seq.) of Title 42, The
Public Health and Welfare; amending sections 371, 1431, 1432, 1464,
1701s, 1701x, 1703, 1712, 1715c, 1715e, 1715h, 1715l, 1715z,
1715z-1, 1715z-3, 1715z-6, 1715z-7, 1717, 1718, 1730a, 1735b to
1735d, 1748h-1, 1748h-2, 1749, 1749bb, 1749cc, 1749aaa, 1749bbb,
1749bbb-2, 1749bbb-7, 1749bbb-8, 1749bbb-11 to 1749bbb-15, 1813,
and 1817 of this title; sections 692 to 694 and 1705 of title 15;
section 617 of Title 16, Conservation; section 1014 of Title 18,
Crimes and Criminal Procedure; section 803 of Title 20, Education;
sections 461 and 484b of former Title 40, Public Buildings,
Property, and Works; and sections 1401, 1402, 1410, 1415, 1421b,
1453, 1456, 1458, 1460, 1465, 1471, 1474, 1478, 1484 to 1487, 1490,
1492, 1500 to 1500d-1, 3108, 3311, 3356, 3533, 3535, 3906, 3907,
and 3911 of Title 42; repealing sections 1701d-3 1701e, and 1701f
of this title and sections 1436, 1452a, 3372, and 3373 of Title 42;
enacting provisions set out as notes under section 694a of Title
15, and sections 1402, 1415, 1436, 1453, 1500 and 4501 of Title 42;
amending provisions set out as notes under sections 1701c, 1716b,
and 1749bbb of this title; and repealing provisions set out as
notes under sections 1464 and 1701e of this title and section 1456
of Title 42) may be cited as the 'Housing and Urban Development Act
of 1970'.''
Pub. L. 91-351, Sec. 1, July 24, 1970, 84 Stat. 450, provided:
''That this Act (enacting sections 1451 to 1459 and 1715z-8 of this
title, and section 3941 of Title 42, The Public Health and Welfare,
amending sections 82, 371, 1464, 1709-1, 1715z-3, 1717, 1719, 1720,
1726, 1730a, and 1749 of this title, and section 3906 of Title 42,
and enacting provisions set out as notes under sections 1430, 1451,
1710, and 1715z-8 of this title, and section 1452 of Title 42) may
be cited as the 'Emergency Home Finance Act of 1970'.''
SHORT TITLE OF 1969 AMENDMENT
Pub. L. 91-152, Sec. 1, Dec. 24, 1969, 83 Stat. 379, provided:
''That this Act (enacting sections 806 and 807 of Title 20,
Education, section 484b of former Title 40, Public Buildings,
Property, and Works, and sections 1490d and 4056 of Title 42, The
Public Health and Welfare, amending sections 1425, 1464, 1701q,
1701s, 1701u, 1703, 1706d, 1707, 1709, 1709-1, 1713, 1715d, 1715e,
1715h, 1715k, 1715l, 1715m, 1715n, 1715v, 1715w, 1715y, 1715z,
1715z-1, 1715z-2, 1715z-3, 1717, 1720, 1727, 1748h-1, 1748h-2,
1749, 1749bb, 1749aaa, 1749bbb-8, 1749bbb-9, and 1749bbb-15 of this
title, section 1702 of Title 15, Commerce and Trade, sections 801
to 805, and 811 of Title 20, section 461 of former Title 40,
sections 1402, 1409, 1410, 1414, 1415, 1421b, 1441c, 1451, 1452,
1452b, 1453, 1455, 1460, 1463, 1466, 1467, 1468, 1468a, 1469b,
1483, 1485, 1487, 1489, 1496, 1500a, 3102, 3108, 3311, 3356, 3371,
3372, 3911, 4001, 4012, 4022, 4102, and 4121, of Title 42, and
sections 1603 and 1604 of Title 49, Transportation, repealing
section 1488 of Title 42, and enacting provisions set out as notes
under section 1727 of this title, and section 1402 of Title 42) may
be cited as the 'Housing and Urban Development Act of 1969'.''
SHORT TITLE OF 1968 AMENDMENTS
Pub. L. 90-448, Sec. 1, Aug. 1, 1968, 82 Stat. 476, provided:
''That this Act (enacting sections 1701t to 1701z, 1715z to
1715z-7, 1716b and 1749bbb to 1749bbb-21 of this title, sections
1701 to 1720 of Title 15, Commerce and Trade, and sections 1417a,
1441a to 1441c, 1468a, 1469 to 1469c, 1490a to 1490c, 3533a, 3901
to 3914, 3931 to 3940, 4001, 4011 to 4027, 4041, 4051 to 4055,
4071, 4072, 4081 to 4084, 4101 to 4103, and 4121 to 4127 of Title
42, The Public Health and Welfare, amending sections 24, 371, 378,
1431, 1432, 1436, 1464, 1701d-4, 1701q, 1701s, 1703, 1709, 1709-1,
1715c, 1715e, 1715k to 1715o, 1715q, 1715r, 1715w to 1715y, 1716,
1717 to 1723a, 1723c, 1735c, 1735d, 1748h-2, 1749, 1749b, 1749c,
1749aaa and 1757 of this title, sections 5315 of Title 5,
Government Organization and Employees, sections 633 and 636 of
Title 15, section 709 of Title 18, Crimes and Criminal Procedure,
sections 801, 802 and 805 of Title 20, Education, section 846 of
former Title 31, Money and Finance, section 1820 (now 3720) of
Title 38, Veterans' Benefits, sections 461, 462 and 612 of former
Title 40, Public Buildings, Property and Works, section 207 of
former Title 40, Appendix, sections 1401, 1402, 1403, 1410, 1415,
1420, 1421b, 1436, 1451, 1452 to 1453, 1455, 1456, 1457, 1460,
1462, 1465 to 1468, 1483, 1484, 1492, 1500a, 1500d, 2414, 3101,
3102, 3104, 3108, 3311, 3331, 3332, 3335, 3336, 3338, 3356, 3372,
3534 and 3535 of Title 42, and sections 1603 to 1605 and 1608 of
Title 49, Transportation, repealing sections 1417, 2401 to 2413 and
2415 to 2421 of Title 42, and note set out under section 2401 of
Title 42, and enacting provisions set out as notes under this
section and sections 1701c, 1709, 1709-1, 1715z, 1715z-1, 1716b,
1717, 1721 and 1749bbb of this title, section 7313 of Title 5,
section 1701 of Title 15, and sections 1417, 1436, 1452, 1469, 3901
and 4001 of Title 42) may be cited as the 'Housing and Urban
Development Act of 1968'.''
Pub. L. 90-448, title XI, Sec. 1101, Aug. 1, 1968, 82 Stat. 555,
provided that: ''This title (enacting subchapter IX-C of chapter 13
of this title and section 3533a of Title 42, The Public Health and
Welfare, amending sections 1701s(c)(2)(E), 1709(h) and 1735d(b) of
this title, section 5315 of Title 5, Government Organization and
Employees, section 636 of Title 15, and section 1462 of Title 42,
and enacting provisions set out as a note under section 7313 of
Title 5) may be cited as the 'Urban Property Protection and
Reinsurance Act of 1968'.''
Pub. L. 90-255, Sec. 1, Feb. 14, 1968, 82 Stat. 5, provided:
''That this Act (amending section 1730a of this title) may be cited
as the 'Savings and Loan Holding Company Amendments of 1967'.''
SHORT TITLE OF 1966 AMENDMENT
Pub. L. 89-429, Sec. 1, May 24, 1966, 80 Stat. 164, provided:
''That this act (enacting section 745 of Title 20, Education,
amending sections 1717, 1720(c), 1749(d), and 1757(7) of this
title, section 1988(c) of Title 7, Agriculture, and section 743(c)
of Title 20, and enacting provisions set out as a note under
section 1717 of this title and section 262 of former Title 5,
Executive Departments and Government Officers and Employees) may be
cited as the 'Participation Sales Act of 1966'.''
SHORT TITLE OF 1965 AMENDMENT
Pub. L. 89-117, Sec. 1, Aug. 10, 1965, 79 Stat. 451, provided:
''That this Act (enacting sections 1701s and 1735c to 1735h, and
subchapter IX-A of chapter 13 of this title, subchapter IV-A of
chapter 14B of Title 15, Commerce and Trade, and sections 1421b,
1466 to 1468, 1500c-1, 1500c-2, 1500c-3, and 1487 to 1490, and
chapters 36 and 37 of Title 42, The Public Health and Welfare, and
provisions set out as notes under sections 1701d-3, 1701q, and 1749
of this title, section 462 of former Title 40, Public Buildings,
Property, and Works, and sections 1451, 1453, 1455, 1460, 1465,
1466, and 3074 of Title 42, amending sections 371, 1464, 1701q,
1701o, 1701h, 1702, 1703, 1706c, 1709, 1710, 1713, 1715, 1715c,
1715e, 1715h, 1715k, 1715l, 1715m, 1715n, 1715t, 1715v, 1715w,
1715x, 1715y, 1717, 1718, 1720, 1721, 1727, 1739, 1743, 1744,
1747f, 1747g, 1748b, 1748h, 1748h-1, 1748h-2, 1749, 1749c, 1750,
1750c, and 1750g of this title, sections 633 and 671 of Title 15,
sections 802 and 803 of Title 20, Education, sections 1804 (now
3704) and 1816 (now 3732) of Title 38, Veterans' Benefits, sections
461 and 462 of former Title 40, sections 1402, 1410, 1412, 1415,
1421a, 1422, 1451, 1452, 1452b, 1453, 1455, 1456, 1460, 1463, 1465,
1471, 1472, 1476, 1481, 1482, 1483, 1485, 1492, 1500, 1500a, 1500b,
1500c, 1500d, and 1500e of Title 42, and sections 1605 and 1608 of
Title 49, Transportation, and repealing sections 1715j, 1737, 1740,
1747i, 1748a, 1748c, 1750a and 1750d of this title) may be cited as
the 'Housing and Urban Development Act of 1965'.''
SHORT TITLE OF 1964 AMENDMENT
Pub. L. 88-560, Sec. 1, Sept. 2, 1964, 78 Stat. 769, provided:
''That this act (enacting sections 1730b, 1735a, and 1735b of this
title, sections 801 to 805 and 811 of Title 20, Education, and
sections 1452b, 1465, and 1486 of Title 42, The Public Health and
Welfare, amending sections 24, 371, 1430, 1431, 1436, 1464, 1701q,
1703, 1709, 1710, 1713, 1715c, 1715e, 1715k to 1715n, 1715r, 1715u
to 1715y, 1717, 1719 to 1721, 1723b, 1723c, 1726, 1739, 1748h-2,
1749c, and 1750c of this title, sections 636 and 637 of Title 15,
Commerce and Trade, sections 1820 and 1823 of Title 38, Veterans'
Benefits, sections 461 and 462 of former Title 40, Public
Buildings, Property and Works, and sections 1402, 1410, 1415, 1436,
1451, 1452, 1452a, 1453, 1455, 1456, 1457, 1460, 1476, 1481 to
1483, 1485, 1492, 1500a, and 1504a of Title 42, and enacting
provisions set out as notes under section 1713 of this title,
section 461 of former Title 40, and sections 1415, 1451, 1455,
1460, and 1465 of Title 42) may be cited as the 'Housing Act of
1964'.''
SHORT TITLE OF 1962 AMENDMENT
Pub. L. 87-723, Sec. 1, Sept. 28, 1962, 76 Stat. 670, provided:
''That this Act (enacting this section and section 1485 of Title
42, The Public Health and Welfare, and amending sections 84 and
1701q of this title and sections 1471, 1472, 1474, 1476 and 1481 of
Title 42) may be cited as the 'Senior Citizens Housing Act of
1962.' ''
SHORT TITLE OF 1961 AMENDMENT
Pub. L. 87-70, Sec. 1, June 30, 1961, 75 Stat. 149, provided:
''That this Act (enacting sections 1715x and 1715y of this title
and sections 1436, 1484, 1497 and 1500 to 1500e of Title 42, The
Public Health and Welfare, amending sections 371, 1464, 1701c,
1701q, 1703, 1709, 1710, 1713, 1715, 1715c, 1715e, 1715h, 1715j,
1715k, 1715l, 1715n, 1715o, 1715q, 1715r, 1715t, 1715v, 1715w,
1717, 1718, 1719, 1720, 1721, 1723a, 1723b, 1748b, 1748h-2, 1749,
1749b, 1749c, and 1750jj of this title, section 631, 633 and 636 of
Title 15, Commerce and Trade, sections 461 and 462 of former Title
40, Public Buildings, Property, and Works, and sections 1402, 1410,
1415, 1421, 1421a, 1434, 1451, 1452, 1453, 1454, 1455, 1456, 1457,
1460, 1463, 1471, 1472, 1476, 1477, 1478, 1481, 1482, 1483, 1491,
1492, 1493, and 1594i of Title 42, and amending provisions set out
as a note under section 1592c of Title 42) may be cited as the
'Housing Act of 1961'.''
SHORT TITLE OF 1959 AMENDMENT
Pub. L. 86-372, Sec. 1, Sept. 23, 1959, 73 Stat. 654, provided:
''That this Act (enacting sections 1701q, 1715t to 1715w, and
1748-2 of this title, and section 1463 of Title 42, The Public
Health and Welfare, amending sections 24, 1464, 1703, 1706c, 1709,
1710, 1713, 1715c to 1715e, 1715h, 1715k-1715m, 1715r, 1717, 1719
to 1721, 1723b, 1731a, 1747, 1748b, 1748g, 1748h-1, 1749, 1749a,
1749c, and 1750jj of this title, sections 461 and 462 of former
Title 40, Public Buildings, Property and Works, and sections 1401,
1402, 1410, 1415, 1450, 1451, 1452, 1453, 1455, 1456, 1457, 1460,
1586, 1594a and 1594j of Title 42, repealing section 1715i of this
title, and enacting provisions set out as notes under sections 1720
and 1721 of this title and under sections 1456, 1460, 1476 and
1592c of Title 42) may be cited as the 'Housing Act of 1959'.''
SHORT TITLE OF 1956 AMENDMENT
Act Aug. 7, 1956, ch. 1029, Sec. 1, 70 Stat. 1091, provided:
''That this Act (enacting sections 1701d-3 and 1701h-1, of this
title and sections 1462, 1496, 1589d, and 1594f of Title 42, The
Public Health and Welfare; amending sections 1464, 1703, 1709,
1713, 1715e, 1715h, 1715k, 1715l, 1715r, 1717 to 1721, 1748, 1748b
and 1749 of this title; section 694l of former Title 38, Pensions,
Bonuses, and Veterans' Relief; section 461 of former Title 40,
Public Buildings, Property, and Works; and sections 1402, 1410,
1412, 1415, 1421, 1451, 1452, 1454, 1455, 1456, 1460, 1481 to 1483,
1594, 1594a, 1594b, 1594c of Title 42; repealing section 1411b of
Title 42; and enacting provisions set out as notes under section
1703 of this title and under sections 1481, 1592c and 1594 of Title
42) may be cited as the 'Housing Act of 1956'.''
SHORT TITLE OF 1955 AMENDMENT
Act Aug. 11, 1955, ch. 783, Sec. 1, 69 Stat. 635, provided:
''That this Act (enacting section 1701d-2 of this title and
sections 1491 to 1495 and 1594 to 1594e of Title 42, The Public
Health and Welfare; amending sections 1426, 1427, 1437, 1464, 1703,
1710, 1713, 1715e, 1715h, 1715k, 1715l, 1715n, 1715r, 1720, 1726,
1729, 1739, 1748 to 1748g, 1749, 1749c of this title; section 462
of former Title 40, Public Buildings, Property, and Works; sections
1410, 1451, 1453, 1456, 1460, 1481 to 1483, 1585 and 1591c of Title
42; and sections 480, 480a, 721, 721a, 910, 910a, 1408, 1408b, and
1408c of Title 48, Territories and Insular Possessions; repealing
sections 1748g-1 and 1748h of this title; and enacting provisions
set out as notes under sections 1426, 1715e, and 1749 of this
title; section 1594 of Title 42; and under sections 480 and 1408 of
Title 48) may be cited as the 'Housing Amendments of 1955'.''
Act Aug. 11, 1955, ch. 783, title III, Sec. 304, 69 Stat. 646,
provided that the amendments to sections 1749 and 1749c of this
title by act Aug. 11, 1955, may be cited as the ''College Housing
Amendments of 1955''.
SHORT TITLE OF 1954 AMENDMENT
Act Aug. 2, 1954, ch. 649, Sec. 1, 68 Stat. 590, provided: ''That
this Act (enacting sections 1701j-1, 1701n to 1701p, 1702a, 1715k
to 1715s, 1722 to 1723d, 1731a, 1731b, 1746a and 1750aa to 1750jj
of this title; sections 460 to 462 of former Title 40, Public
Buildings, Property, and Works; and sections 1411d, 1434, 1435,
1446, 1450, 1452a, 1455a, and 1589c of Title 42, The Public Health
and Welfare; amending sections 24, 1430, 1431, 1436, 1464, 1701,
1703, 1706c, 1709, 1710, 1711, 1713, 1715c, 1715e, 1715h, 1715j,
1716, 1717 to 1721, 1725, 1728, 1729, 1730, 1748b, 1749, 1750b,
1750c and 1750g of this title; section 709 of Title 18, Crimes and
Criminal Procedure; section 272 of Title 20, Education; section
694a of former Title 38, Pensions, Bonuses, and Veterans' Relief;
section 459 of former Title 40; and sections 1407, 1410, 1415,
1416, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1459, 1460, 1481 to
1483, 1585, 1587, 1591c and 1592a of Title 42; repealing sections
1701j, 1706, 1716-1 and 1716a of this title; section 456 of former
Title 40; sections 1451a, 1461 and 1551 of Title 42; and sections
484e, 724, and 1426 of Title 48, Territories and Insular
Possessions; and enacting provisions set out as notes under
sections 1703, 1710, 1715n, 1715s, and 1716 of this title; section
846 of former Title 31, Money and Finance; and under sections 1434,
1446, and 1450 of Title 42) may be cited as the 'Housing Act of
1954'.''
Section 201 of act Aug. 2, 1954, which generally amended
subchapter III of this chapter, provided by section 312 of act June
27, 1934, as added to that act by section 201, that subchapter III
of this chapter, may be referred to as the ''Federal National
Mortgage Association Charter Act''.
SHORT TITLE OF 1953 AMENDMENT
Act June 30, 1953, ch. 170, Sec. 1, 67 Stat. 121, provided:
''This Act (enacting sections 1715j and 1735 of this title, and
sections 723 and 1425 of Title 48, Territories and Insular
Possessions; amending sections 1701j, 1706c(b), 1709, 1711(c)(i),
1715d, 1715e(d), 1715h, 1716(a), 1716-1, 1717, 1748b(a), (b),
1749(a), 1750b(a), and 1750g(b) of this title, sections 1402(10),
1456(e), 1460(g), 1591(a), 1591c, 1592d(c), and 1592n(e) of Title
42, The Public Health and Welfare, and section 2166(c) of the
Appendix to Title 50, War and National Defense; and enacting
provisions set out as a note under section 1463 of this title,
relating to dissolution and abolishment of the Home Owners' Loan
Corporation) may be cited as the 'Housing Amendments of 1953'.''
SHORT TITLE OF 1952 AMENDMENT
Act July 14, 1952, ch. 723, Sec. 1, 66 Stat. 601, provided that:
''This Act (enacting sections 1701m, 1706d, and 1715i of this title
and amending sections 1422, 1423, 1464, 1466, 1701g-2, 1707, 1713,
1715d, 1715h, 1716, 1717, 1726, 1736, 1745, 1747l, 1748, and 1750b
of this title; sections 1481 to 1483, 1589a, 1592a, 1592l, and 1593
of Title 42, The Public Health and Welfare; and sections 484 and
484d of Title 48, Territories and Insular Possessions) may be cited
as the 'Housing Act of 1952'.''
SHORT TITLE OF 1950 AMENDMENT
Act Apr. 20, 1950, ch. 94, Sec. 1, 64 Stat. 48, provided that
''This Act (enacting sections 1701j to 1701l, 1715e, 1715f, and
1749 to 1749c of this title and sections 1581 to 1589 and 1590 of
Title 42, The Public Health and Welfare; amending sections 371,
1430, 1701c, 1703, 1705, 1706, 1706b, 1706c, 1707 to 1709, 1710 to
1715, 1715b, 1715c, 1716, 1717, 1720, 1721, 1736 to 1746, 1747 to
1747c, and 1747e to 1747l of this title, section 1017 of Title 7,
Agriculture, section 604 of Title 15, Commerce and Trade, and
sections 1412, 1521 to 1524, 1532, 1533, 1542 to 1548, 1552, 1553,
1561, 1571, 1572, and 1575 of Title 42; and enacting provisions set
out as notes under sections 1701, 1701k, 1703, and 1709 of this
title, section 1017 of Title 7, and section 1412 of Title 42) may
be cited as the 'Housing Act of 1950'.''
SHORT TITLE OF 1948 AMENDMENT
Act Aug. 10, 1948, ch. 832, Sec. 1, 62 Stat. 1268, provided that:
''This Act (enacting sections 1701c, 1701e to 1701g-3, 1702, 1703,
1709, 1710, 1713, 1716, 1738, 1743 to 1746, and 1747 to 1747l of
this title; section 846 of former Title 31, Money and Finance;
section 694 of former Title 38, Pensions, Bonuses, and Veterans'
Relief; and section 1404a of Title 42, The Public Health and
Welfare) may be cited as the 'Housing Act of 1948'.''
REGULATIONS
Pub. L. 106-569, title VIII, Sec. 802, Dec. 27, 2000, 114 Stat.
3018, provided that: ''The Secretary of Housing and Urban
Development (referred to in this title as the 'Secretary') shall
issue any regulations to carry out this title (see section 801 of
Pub. L. 106-569, set out as a Short Title of 2000 Amendment note
above) and the amendments made by this title that the Secretary
determines may or will affect tenants of federally assisted housing
only after notice and opportunity for public comment in accordance
with the procedure under section 553 of title 5, United States
Code, applicable to substantive rules (notwithstanding subsections
(a)(2), (b)(B), and (d)(3) of such section). Notice of such
proposed rulemaking shall be provided by publication in the Federal
Register. In issuing such regulations, the Secretary shall take
such actions as may be necessary to ensure that such tenants are
notified of, and provided an opportunity to participate in, the
rulemaking, as required by such section 553.''
PREFERENCES FOR NATIVE HAWAIIANS ON HAWAIIAN HOME LANDS UNDER HUD
PROGRAMS
Secretary of Housing and Urban Development to provide a
preference to native Hawaiians for housing assistance programs
under this chapter for housing located on Hawaiian home lands, see
section 958 of Pub. L. 101-625, set out as a note under section
1437f of Title 42, The Public Health and Welfare.
LIMITATION ON WITHHOLDING OR CONDITIONING OF ASSISTANCE
Assistance provided for in Housing and Community Development Act
of 1974, National Housing Act, United States Housing Act of 1937,
Housing Act of 1949, Demonstration Cities and Metropolitan
Development Act of 1966, and Housing and Urban Development Acts of
1965, 1968, 1969, and 1970 not to be withheld or made subject to
conditions by reason of tax-exempt status of obligations issued or
to be issued for financing of assistance, except as otherwise
provided by law, see section 817 of Pub. L. 93-383, set out as a
note under section 5301 of Title 42, The Public Health and Welfare.
-CITE-
12 USC Sec. 1701a 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701a. Short title of amendment of 1938
-STATUTE-
The Act of February 3, 1938, ch. 13, 52 Stat. 8, may be cited as
the ''National Housing Act Amendments of 1938.''
-SOURCE-
(Feb. 3, 1938, ch. 13, Sec. 1, 52 Stat. 8.)
-REFTEXT-
REFERENCES IN TEXT
The National Housing Act Amendments of 1938, referred to in text,
enacted sections 1715a, 1715b, and 1733 of this title and amended
sections 24, 1703, 1707 to 1709, 1710 to 1715, 1716, 1717, 1718,
and section 1731 (see sections 433, 493, 657, 1006, and 1008 to
1010 of Title 18, Crimes and Criminal Procedure) of this title.
-COD-
CODIFICATION
Section was enacted as part of the National Housing Act
Amendments of 1938, and not as part of the National Housing Act
which comprises this chapter.
-CITE-
12 USC Sec. 1701b 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701b. Short title of amendment of 1942
-STATUTE-
The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as
the ''National Housing Act Amendments of 1942''.
-SOURCE-
(May 26, 1942, ch. 319, Sec. 15, 56 Stat. 305.)
-REFTEXT-
REFERENCES IN TEXT
The National Housing Act Amendments of 1942, referred to in text,
enacted section 1743 of this title, amended heading of subchapter
VI of this chapter (preceding section 1736 of this title), amended
sections 1703, 1715c, 1737, 1738, 1739, and 1740 of this title, and
enacted provisions set out as a note under section 1743 of this
title.
-COD-
CODIFICATION
Section was enacted as part of the National Housing Act
Amendments of 1942, and not as part of the National Housing Act
which comprises this chapter.
-CITE-
12 USC Sec. 1701c 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701c. Secretary of Housing and Urban Development
-STATUTE-
In carrying out his functions, powers, and duties -
(a) Employment of personnel; delegation of functions
The Secretary of Housing and Urban Development may appoint such
officers and employees as he may find necessary, which appointments
shall be subject to the civil-service laws and chapter 51 and
subchapter III of chapter 53 of title 5. The Secretary may make
such expenditures as may be necessary to carry out his functions,
powers, and duties, and there are authorized to be appropriated to
the Secretary, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary to carry out such
functions, powers, and duties and for administrative expenses in
connection therewith. The Secretary, without in any way relieving
himself from final responsibility, may delegate any of his
functions and powers to such officers, agents, or employees as he
may designate, may authorize such successive redelegations of such
functions and powers, as he may deem desirable, and may make such
rules and regulations as may be necessary to carry out his
functions, powers, and duties.
(b) Omitted
(c) Additional powers and duties of Secretary and Federal Home Loan
Bank Board
The Secretary of Housing and Urban Development and the Director
of the Office of Thrift Supervision, respectively, may, in addition
to and not in derogation of any powers and authorities conferred
elsewhere in this Act.
(1) with the consent of the agency or organization concerned,
accept and utilize equipment, facilities, or the services of
employees of any Federal, State, or local public agency or
instrumentality, educational institution, or nonprofit agency or
organization and, in connection with the utilization of such
services, may make payments for transportation while away from
their homes or regular places of business and per diem in lieu of
subsistence en route and at place of such service, in accordance
with the provisions of section 5703 of title 5;
(2) utilize, contract with and act through, without regard to
section 5 of title 41, any Federal, State, or local public agency
or instrumentality, educational institution, or non-profit agency
or organization with the consent of the agency or organization
concerned, and any funds available to said officers for carrying
out their respective functions, powers, and duties shall be
available to reimburse or pay any such agency or organization;
and, whenever in the judgment of any such officer necessary, he
may make advance, progress, or other payments with respect to
such contracts without regard to the provisions of subsections
(a) and (b) of section 3324 of title 31; and
(3) make expenditures for all necessary expenses, including
preparation, mounting, shipping, and installation of exhibits;
purchase and exchange of technical apparatus; and such other
expenses as may, from time to time, be found necessary in
carrying out their respective functions, powers, and duties:
Provided, That funds made available for administrative expenses
in carrying out the functions, powers, and duties imposed upon
the Secretary of Housing and Urban Development and the Federal
Home Loan Bank Board, (FOOTNOTE 1) respectively, by or pursuant
to law may at their option be consolidated into a single
administrative expense fund accounts of such officer or agency
for expenditure by them, respectively, in accordance with the
provisions hereof.
(FOOTNOTE 1) So in original. Probably should refer to the
Director of the Office of Thrift Supervision.
(d) Use of funds for library memberships
The Secretary of Housing and Urban Development may utilize funds
made available to him for salaries and expenses for payment in
advance for dues or fees for library memberships in organizations
(or for membership of the individual librarians in organizations
which will not accept library membership) whose publications are
available to members only, or to members at a price lower than to
the general public, and for payment in advance for publications
available only upon that basis or available at a reduced price on
prepublication order.
-SOURCE-
(Aug. 10, 1948, ch. 832, title V, Sec. 502, 62 Stat. 1283; Oct. 28,
1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Apr. 20, 1950,
ch. 94, title V, Sec. 503, 64 Stat. 80; Pub. L. 87-70, title IX,
Sec. 909, June 30, 1961, 75 Stat. 192; Pub. L. 90-19, Sec.
5(d)(1)-(3), (8)-(13), May 25, 1967, 81 Stat. 21; Pub. L. 98-479,
title II, Sec. 202(b), 203(c), Oct. 17, 1984, 98 Stat. 2228, 2229;
Pub. L. 100-242, title V, Sec. 570(a)(1), (3), Feb. 5, 1988, 101
Stat. 1949, 1950; Pub. L. 101-73, title III, Sec. 306, Aug. 9,
1989, 103 Stat. 352.)
-REFTEXT-
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (a), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of that title.
This Act, referred to in subsec. (c), is act Aug. 10, 1948, ch.
832, 62 Stat. 1268, as amended, known as the Housing Act of 1948.
For complete classification of this Act to the Code, see Short
Title of 1948 Amendments note set out under section 1701 of this
title and Tables.
-COD-
CODIFICATION
Subsec. (b) of section 502 of act Aug. 10, 1948, is set out as
section 1404a of Title 42, The Public Health and Welfare.
Section was enacted as part of the Housing Act of 1948, and not
as part of the National Housing Act which comprises this chapter.
-MISC3-
AMENDMENTS
1989 - Subsec. (c). Pub. L. 101-73, Sec. 306(a), which directed
the substitution of ''Director of the Office of Thrift
Supervision'' for ''Federal Home Loan Bank Board (which term as
used in this section shall also include and refer to the Federal
Savings and Loan Insurance Corporation, the Home Owners Loan
Corporation, and the Chairman of the Federal Home Loan Bank
Board)'', was executed as directed, except that ''Home Owners' ''
rather than ''Home Owners'' appeared in the original in the
language struck out.
Subsec. (c)(1). Pub. L. 101-73, Sec. 306(b), substituted ''of any
Federal, State, or local'' for ''of any State or local''.
1988 - Subsec. (a). Pub. L. 100-242, Sec. 570(a)(1), struck out
''The Secretary of Commerce or his designee shall hereafter be
included in the membership of the National Housing Council.''
Subsec. (c)(2). Pub. L. 100-242, Sec. 570(a)(3), inserted ''and''
at end.
1984 - Subsec. (a). Pub. L. 98-479, Sec. 202(b)(1), substituted
''chapter 51 and subchapter III of chapter 53 of title 5'' for
''the Classification Act of 1949, as amended''.
Subsec. (c)(1). Pub. L. 98-479, Sec. 202(b)(2), substituted
''section 5703 of title 5'' for ''5 U.S.C. 73b-2''.
Subsec. (c)(2). Pub. L. 98-479, Sec. 203(c), substituted
''subsections (a) and (b) of section 3324 of title 31'' for
''section 3648 of the Revised Statutes (31 U.S.C. 529)''.
1967 - Subsec. (a). Pub. L. 90-19, Sec. 5(d)(1)-(3), substituted
''Secretary of Housing and Urban Development'' for ''Housing and
Home Finance Administrator'' and ''Secretary'' for
''Administrator'' wherever appearing, and struck out provision for
preparation of official seal and judicial notice thereof.
Subsec. (c). Pub. L. 90-19, Sec. 5(d)(8), (9), substituted
''Secretary of Housing and Urban Development and the Federal Home
Loan Bank Board'' for ''Housing and Home Finance Administrator, the
Home Loan Bank Board'' where it first appears and ''Federal Home
Loan Bank Board'' for ''Home Loan Bank Board, the Federal Housing
Commissioner, and the Public Housing Commissioner''.
Subsec. (c)(3). Pub. L. 90-19, Sec. 5(d)(10), (11), substituted
''Secretary of Housing and Urban Development and the Federal Home
Loan Bank Board'' and ''such officer or agency'' for ''Housing and
Home Finance Administrator, the Home Loan Bank Board, the Federal
Housing Commissioner, and the Public Housing Commissioner'' and
''said officers or agencies''.
Subsec. (d). Pub. L. 90-19, Sec. 5(d)(12), (13), substituted
''Secretary of Housing and Urban Development may utilize funds made
available to him'' for ''Housing and Home Finance Administrator,
the Federal Housing Commissioner and the Public Housing
Commissioner, respectively, may utilize funds made available to
them'' and struck out ''of the respective agencies'' after
''librarians''.
1961 - Subsec. (c)(3). Pub. L. 87-70, Sec. 909(1), struck out
provisions which made section 5 of title 41 inapplicable to any
purchase or contract by officers (or their agencies) for services
or supplies if the amount thereof does not exceed $300.
Subsec. (d). Pub. L. 87-70, Sec. 909(2), added subsec. (d).
1950 - Act Apr. 20, 1950, amended third sentence of subsec. (a)
to authorize the Administrator to permit redelegation of functions
and powers which he had delegated previously to officers, agents,
and employees but this does not relieve him of any final
responsibility, and inserted ''or pay'' after ''reimburse'' in
subsec. (c)(2).
1949 - Subsec. (a). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
6, 1966, Sec. 8, 80 Stat. 632, 655.
-TRANS-
TRANSFER OF FUNCTIONS
Federal Home Loan Bank Board abolished and functions transferred,
see sections 401 to 406 of Pub. L. 101-73, set out as a note under
section 1437 of this title.
EMERGENCY PREPAREDNESS FUNCTIONS
For assignment of certain emergency preparedness functions to
Secretary of Housing and Urban Development, see Parts 1, 2, and 9
of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a
note under section 5195 of Title 42, The Public Health and Welfare.
-MISC5-
ANNUAL REPORT ON AREAS OF PROGRAM ADMINISTRATION AND MANAGEMENT
WHICH REQUIRE IMPROVEMENT
Pub. L. 90-448, Sec. 5, Aug. 1, 1968, 82 Stat. 477, as amended by
Pub. L. 91-609, title IX, Sec. 918, Dec. 31, 1970, 84 Stat. 1816,
directed Secretary to report annually to Committees on Banking and
Currency of House and Senate, identifying specific areas of program
administration and management which require improvement, describing
actions taken and proposed, and recommendations for legislation,
prior to repeal by Pub. L. 93-608, Sec. 1(9), Jan. 2, 1975, 88
Stat. 1968.
-EXEC-
EXECUTIVE ORDER NO. 11196
Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171, which delegated
functions to Housing and Home Finance Administrator, was revoked by
Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1701z-2 of this title.
-CITE-
12 USC Sec. 1701c-1 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701c-1. Omitted
-COD-
CODIFICATION
Section, act June 24, 1954, ch. 359, title I, Sec. 101, 68 Stat.
283, provided for promotion of economy, efficiency and fidelity in
operations of Housing and Home Finance Agency by its Administrator,
on and after June 24, 1954, under Reorg. Plan No. 3 of 1947, eff.
July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix
to Title 5, Government Organization and Employees, through
assignment and reassignment of functions, reorganizations, and
reallocation and transfers of administrative expense funds and
authority. Functions, powers, and duties of such agency, its head
and other officers were transferred to and vested in the Secretary
of Housing and Urban Development by Pub. L. 89-174, Sec. 5, Sept.
9, 1965, 79 Stat. 669, classified to section 3534 of Title 42, The
Public Health and Welfare.
-CITE-
12 USC Sec. 1701d 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701d. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 655
-MISC1-
Section, acts Aug. 10, 1948, ch. 832, title V, Sec. 501(a), 62
Stat. 1283; Oct. 15, 1949, ch. 695, Sec. 3, 63 Stat. 880, provided
for compensation of Housing and Home Finance Administrator.
-CITE-
12 USC Sec. 1701d-1, 1701d-2 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701d-1, 1701d-2. Repealed. Pub. L. 90-19, Sec. 6(i), 12(a),
May 25, 1967, 81 Stat. 22, 23
-MISC1-
Section 1701d-1, act July 15, 1949, ch. 338, title VI, Sec. 605,
63 Stat. 440, provided for appointment and duties of a Deputy
Housing and Home Finance Administrator, including status of acting
Administrator during absence, disability, or vacancy in office.
Section 1701d-2, act Aug. 11, 1955, ch. 783, title I, Sec. 113,
69 Stat. 642, prescribed compensation of Community Facilities
Commissioner at same rate established for heads of constituent
agencies of the Housing and Home Finance Agency. See section 5315
of Title 5, Government Organization and Employees. Section was
previously repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 658.
-CITE-
12 USC Sec. 1701d-3 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701d-3. Repealed. Pub. L. 91-609, title V, Sec. 503(3), Dec.
31, 1970, 84 Stat. 1785
-MISC1-
Section, acts Aug. 7, 1956, ch. 1029, title VI, Sec. 602, 70
Stat. 1113; May 25, 1967, Pub. L. 90-19, Sec. 13(b), 81 Stat. 24;
Aug. 12, 1970, Pub. L. 91-375, Sec. 6(e), 84 Stat. 776, related to
research and provided for: authorization for specific programs;
contracts and working agreements, amount of authorization,
appropriations, duration of contract, and unexpended balances of
appropriations; dissemination of data; acquisition and use of data;
and authority of Secretary. See sections 1701z-1 to 1701z-4 of this
title.
-CITE-
12 USC Sec. 1701d-4 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701d-4. Exchange and assembly of housing and urban planning
and development data; payment of expenses; acceptance of funds,
services, facilities, materials, and other donations; approval
of Secretary of State for international programs and activities
-STATUTE-
(a) The Secretary of Housing and Urban Development may exchange
data relating to housing and urban planning and development with
other nations and assemble such data from other nations, through
participation in international conference and other means, where
such exchange or assembly is deemed by him to be beneficial in
carrying out his responsibilities under the Department of Housing
and Urban Development Act (42 U.S.C. 3531 et seq.) or other
legislation. In carrying out his responsibilities under this
subsection the Secretary may -
(1) pay the expenses of participation in activities conducted
under authority of this section including, but not limited to,
the compensation, travel expenses, and per diem in lieu of
subsistence of persons serving in an advisory capacity while away
from their homes or regular places of business in connection with
attendance at international meetings and conferences, or other
travel for the purpose of exchange or assembly of data relating
to housing and urban planning and development; but such travel
expenses shall not exceed those authorized for regular officers
and employees traveling in connection with said activities; and
(2) accept from international organizations, foreign countries,
and private nonprofit foundations, funds, services, facilities,
materials, and other donations to be utilized jointly in carrying
out activities under this section.
(b) International programs and activities carried out by the
Secretary under the authority provided in subsection (a) of this
section shall be subject to the approval of the Secretary of State
for the purpose of assuring that such authority shall be exercised
in a manner consistent with the foreign policy of the United
States.
-SOURCE-
(Pub. L. 85-104, title VI, Sec. 604, July 12, 1957, 71 Stat. 305;
Pub. L. 90-19, Sec. 14(b), May 25, 1967, 81 Stat. 24; Pub. L.
90-448, title XVII, Sec. 1709, Aug. 1, 1968, 82 Stat. 606.)
-REFTEXT-
REFERENCES IN TEXT
The Department of Housing and Urban Development Act, referred to
in subsec. (a), is Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 667, as
amended, which is classified generally to chapter 44 (Sec. 3531 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 3531 of Title 42 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Housing Act of 1957, and not
as part of the National Housing Act which comprises this chapter.
-MISC3-
AMENDMENTS
1968 - Pub. L. 90-448 designated existing provisions as subsec.
(a), inserted reference to assembly of data from other nations, and
authorized payment of expenses of participation in activities
conducted under authority of this section, and acceptance from
international organizations, foreign countries, and private
nonprofit foundations of funds, services, facilities, materials and
other donations to be utilized jointly, and added subsec. (b).
1967 - Pub. L. 90-19 substituted ''Secretary of Housing and Urban
Development'' and ''Department of Housing and Urban Development''
for ''Housing and Home Finance Administrator'' and ''Housing and
Home Finance Agency'', respectively.
-CITE-
12 USC Sec. 1701e, 1701f 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701e, 1701f. Repealed. Pub. L. 91-609, title V, Sec. 503(1),
Dec. 31, 1970, 84 Stat. 1785
-MISC1-
Section 1701e, acts Aug. 10, 1948, ch. 832, title III, Sec. 301,
62 Stat. 1276; July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat.
431; May 25, 1967, Pub. L. 90-19, Sec. 5(a), 81 Stat. 20; Aug. 12,
1970, Pub. L. 91-375, Sec. 6(f), 84 Stat. 776, related to
development and promotion by Secretary of new housing construction
techniques, materials, and methods, and provided for: improvement
and standardization of building codes, contracts for research and
studies, publications, and consolidation of functions and
activities; reports to President and Congress on urban and rural
nonfarm needs; and surveys and plans by local communities and
cooperation by Federal agencies. See sections 1701z-1 to 1701z-4
of this title.
Section 1701f, acts Aug. 10, 1948, ch. 832, title III, Sec. 302,
62 Stat. 1276; July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat.
431; May 25, 1967, Pub. L. 90-19, Sec. 5(b), 81 Stat. 21, provided
for utilization of other Federal agencies; cooperative studies with
industry, labor, etc.; and exercise of powers by Secretary. See
sections 1701z-1 to 1701z-4 of this title.
-CITE-
12 USC Sec. 1701f-1 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701f-1. Repealed. Pub. L. 90-19, Sec. 5(c), May 25, 1967, 81
Stat. 21
-MISC1-
Section, act Aug. 10, 1948, ch. 832, title III, Sec. 304, as
added July 15, 1949, ch. 338, title IV, Sec. 401, 63 Stat. 431,
provided for appointment, powers, and compensation of a Director.
Section was previously repealed by Pub. L. 89-534, Sec. 8(a), Sept.
6, 1966, 80 Stat. 655.
-CITE-
12 USC Sec. 1701g to 1701g-3 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g to 1701g-3. Omitted
-COD-
CODIFICATION
Sections 1701g to 1701g-3 were from sections 102 to 102c of the
Housing Act of 1948, and provided for loans to aid production and
distribution of prefabricated housing; provided for loans to assure
maintenance of industrial capacity for production of such homes for
national defense; provided for the powers of the Housing and Home
Finance Administrator; and included mobile or portable houses
within the term ''prefabricated houses''. Authority for issuance
of section 1701g obligations under section 1(4) of Reorg. Plan No.
23 of 1950 as terminating June 30, 1954, see section 1701g-5 of
this title. Authority to make or purchase section 1701g-1 loans or
obligations as terminating July 31, 1954, see section 1591c of
Title 42, The Public Health and Welfare.
Section 1701g, act Aug. 10, 1948, ch. 832, title I, Sec. 102, 62
Stat. 1275, amended Sept. 1, 1951, ch. 378, title V, Sec. 501, 65
Stat. 311.
Section 1701g-1, act Aug. 10, 1948, ch. 832, title I, Sec. 102a,
added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312.
Section 1701g-2, act Aug. 10, 1948, ch. 832, title I, Sec. 102b,
added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312;
amended July 14, 1952, ch. 723, Sec. 10(e), 66 Stat. 604.
Section 1701g-3, act Aug. 10, 1948, ch. 832, title I, Sec. 102c,
added Sept. 1, 1951, ch. 378, title V, Sec. 502, 65 Stat. 312.
-CITE-
12 USC Sec. 1701g-4 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g-4. Omitted
-COD-
CODIFICATION
Section, which placed restrictions on loans, was from the
Independent Offices Appropriation Act, 1953, act July 5, 1952, ch.
578, title III, Sec. 301, 66 Stat. 415, and was not repeated in
subsequent appropriation acts.
-MISC3-
SIMILAR PROVISIONS
Similar provisions were contained in Aug. 31, 1951, ch. 376,
title IV, Sec. 401, 65 Stat. 287.
-CITE-
12 USC Sec. 1701g-5 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g-5. Revolving fund in connection with liquidating
programs
-STATUTE-
There is established as of June 30, 1954, a revolving fund, and
the Secretary of Housing and Urban Development is authorized to
credit said fund with all moneys hereafter obtained or now held by
him or by any constituent agency of the Department of Housing and
Urban Development or any other official thereof, and to account
under said fund for all assets and liabilities, in connection with
(1) community facilities provided or assisted under title II of the
Lanham Act, as amended (42 U.S.C. 1531 et seq.), or under title III
of the Defense Housing and Community Facilities and Services Act of
1951, as amended (42 U.S.C. 1592 et seq.); (2) loans or advances
made pursuant to title V of the War Mobilization and Reconversion
Act of 1944 (58 Stat. 791), or the Act of October 13, 1949; (3)
functions transferred under Reorganization Plan No. 23 of 1950, or
authorized under sections 102, 102a, 102b, and 102c of the Housing
Act of 1948, as amended (12 U.S.C. 1701g to 1701g-3); (4) notes or
other obligations purchased pursuant to the Alaska Housing Act, as
amended (48 U.S.C. 484(a)); (5) subsistence homesteads and
greentowns (Acts of June 29, 1936, 49 Stat. 2035, and May 19, 1949,
63 Stat. 68); (6) public war housing under title I of the Lanham
Act, as amended (42 U.S.C. 1521 et seq.), and defense housing under
title III of the Defense Housing and Community Facilities and
Services Act of 1951, as amended (42 U.S.C. 1592 et seq.); and (7)
veterans' re-use housing under title V of the Lanham Act, as
amended (42 U.S.C. 1571 et seq.): Provided, That said fund shall be
available for all necessary expenses (including administrative
expenses) in connection with the liquidation of the programs
carried out pursuant to the foregoing provisions of law, including
operation, maintenance, improvement, or disposition of facilities,
and for disbursements pursuant to outstanding commitments against
moneys herein authorized to be credited to said fund, repayment of
obligations to the Treasury, and refinancing and refunding
operations on existing loans: Provided further, That any amount in
said fund which is determined to be in excess of requirements for
the purposes hereof shall be declared and paid as liquidating
dividends to the Treasury not less often than annually: Provided
further, That after June 24, 1954, no additional notes or
obligations shall be purchased from funds appropriated pursuant to
the Alaska Housing Act, as amended (48 U.S.C. 484(d)), except for
the furtherance or refinancing of an existing loan: Provided
further, That except for extensions, or refinancing, of existing
obligations the authority to issue obligations to the Secretary of
the Treasury under section 1(4) of Reorganization Plan No. 23 of
1950, shall terminate on June 30, 1954.
-SOURCE-
(June 24, 1954, ch. 359, title II, Sec. 201, 68 Stat. 295.)
-REFTEXT-
REFERENCES IN TEXT
The Lanham Act, as amended, referred to in cls. (1), (6), and
(7), is act Oct. 14, 1940, ch. 862, 54 Stat. 1125, as amended,
known as the Lanham Public War Housing Act. Title I of the Lanham
Act is classified generally to subchapter II (Sec. 1521 et seq.) of
chapter 9 of Title 42, The Public Health and Welfare. Titles II and
V of the Lanham Act were classified to subchapters III (Sec. 1531
et seq.) and VI (Sec. 1571 et seq.), respectively, of chapter 9 of
Title 42, and were omitted from the Code. For further details, see
References in Text note set out under section 1522 of Title 42. For
complete classification of this Act to the Code, see Short Title
note set out under section 1501 of Title 42 and Tables.
The Defense Housing and Community Facilities and Services Act, as
amended, referred to in cls. (1) and (6), is act Sept. 1, 1951, ch.
378, 65 Stat. 293, as amended. Title III of the Act is classified
generally to subchapter IX (Sec. 1592 et seq.) of chapter 9 of
Title 42. For complete classification of this Act to the Code, see
Short Title of 1951 Amendment note set out under section 1501 of
Title 42 and Tables.
The War Mobilization and Reconversion Act of 1944, referred to in
cl. (2), is act Oct. 3, 1944, ch. 480, 58 Stat. 785, as amended,
which was classified to section 1651 et seq. of Title 50, Appendix,
War and National Defense, and which has been omitted from the Code.
Title V of the War Mobilization and Reconversion Act of 1944 was
classified to section 1671 of Title 50, Appendix. For complete
classification of this Act to the Code, see Tables.
Act of October 13, 1949, referred to in cl. (2), is act Oct. 13,
1949, ch. 685, 63 Stat. 841, as amended, which was classified
generally to subchapter I (Sec. 451 et seq.) of chapter 9 of former
Title 40, Public Buildings, Property, and Works. Sections 1-5, 7,
and 8 of the Act were repealed by Pub. L. 107-217, Sec. 6(b), Aug.
21, 2002, 116 Stat. 1304. Section 6 of the Act was repealed by act
Aug. 2, 1954, ch. 649, title VIII, Sec. 802(b), 68 Stat. 642. See
section 1701o of this title.
Reorganization Plan No. 23 of 1950, referred to in cl. (3) and in
the last proviso, is set out in the Appendix to Title 5, Government
Organization and Employees.
The Alaska Housing Act, as amended, referred to in cl. (3) and in
the third proviso, is act Apr. 23, 1949, ch. 89, 63 Stat. 57, as
amended, which was classified principally to sections 484 to 484d
of Title 48, Territories and Insular Possessions and was omitted
from the Code, except for section 2(a) of the Act, which added
section 214 to the National Housing Act and which is classified to
section 1715d of this title. For complete classification of this
Act to the Code, see Tables.
Act June 29, 1936, 49 Stat. 2035, referred to in cl. (5), which
related to resettlement or rural rehabilitation projects, and which
was classified to sections 431 to 434 of former Title 40, Public
Buildings, Property, and Works, was repealed by act Aug. 14, 1946,
ch. 964, Sec. 2(a)(1), 60 Stat. 1062. See chapter 50 (Sec. 1921 et
seq.) of Title 7, Agriculture.
Act May 19, 1949, 63 Stat. 68, referred to in cl. (5), authorized
the sale, without competitive bidding, of certain resettlement
projects in Maryland, Wisconsin, and Ohio, and was not classified
to the Code.
-COD-
CODIFICATION
Section was enacted as a part of title II of the Independent
Offices Appropriation Act, 1955, and not as part of the National
Housing Act which comprises this chapter.
The third and last provisos contained in the original have been
omitted from this section. Those provisos contained limitations on
amounts available during fiscal year 1955 for certain
administrative and other expenses. Similar or related limitations
were contained in the following prior appropriation acts:
Oct. 17, 1975, Pub. L. 94-116, title I, 89 Stat. 583.
Sept. 6, 1974, Pub. L. 93-414, title I, 88 Stat. 1096.
Oct. 26, 1973, Pub. L. 93-137, title I, 87 Stat. 492.
Aug. 14, 1972, Pub. L. 92-383, title I, 86 Stat. 541.
Aug. 10, 1971, Pub. L. 92-78, title I, 85 Stat. 273.
Dec. 17, 1970, Pub. L. 91-556, title IV, 84 Stat. 1462.
Nov. 16, 1969, Pub. L. 91-126, title III, 83 Stat. 241.
Oct. 4, 1968, Pub. L. 90-550, title III, 82 Stat. 955.
Nov. 3, 1967, Pub. L. 90-121, title II, 81 Stat. 359.
Sept. 6, 1966, Pub. L. 89-555, title II, 80 Stat. 686.
Aug. 16, 1965, Pub. L. 89-128, title II, 79 Stat. 541.
Aug. 30, 1964, Pub. L. 88-507, title II, 78 Stat. 664.
Dec. 19, 1963, Pub. L. 88-215, title II, 77 Stat. 446.
Oct. 3, 1962, Pub. L. 87-741, title II, 76 Stat. 738.
Aug. 17, 1961, Pub. L. 87-141, title II, 75 Stat. 362.
July 12, 1960, Pub. L. 86-626, title II, 74 Stat. 443.
Sept. 14, 1959, Pub. L. 86-255, title II, 73 Stat. 516.
Aug. 28, 1958, Pub. L. 85-844, title II, 72 Stat. 1080.
June 29, 1957, Pub. L. 85-69, title II, 71 Stat. 240.
June 27, 1956, ch. 452, title II, 70 Stat. 354.
May 19, 1956, ch. 313, Ch. V, 70 Stat. 166.
June 30, 1955, ch. 244, title II, 69 Stat. 213.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of Housing and Home Finance Agency and Administrator
thereof transferred to Secretary of Housing and Urban Development
by section 5(a) of Department of Housing and Urban Development Act
(Pub. L. 89-174, Sept. 9, 1965, 79 Stat. 669) which is classified
to section 3534(a) of Title 42, The Public Health and Welfare.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1701g-5a, 1701g-5b,
1701g-5c of this title; title 42 sections 1585, 5317.
-CITE-
12 USC Sec. 1701g-5a 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g-5a. Transfer of New Communities Fund assets and
liabilities
-STATUTE-
The Secretary shall transfer all assets and liabilities of the
fund established pursuant to section 717 of the Housing and Urban
Development Act of 1970, as amended (42 U.S.C. 4518), to the
Revolving fund (liquidating programs) established pursuant to title
II of the Independent Offices Appropriation Act, 1955, as amended
(12 U.S.C. 1701g-5).
-SOURCE-
(Pub. L. 98-45, title I, Sec. 101, July 12, 1983, 97 Stat. 223.)
-REFTEXT-
REFERENCES IN TEXT
Section 717 of the Housing and Urban Development Act of 1970, as
amended (42 U.S.C. 4518), referred to in text, was repealed by Pub.
L. 98-181, title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239, but
remaining in effect until completion of the transfer required in
title I of the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1984.
The Independent Offices Appropriation Act, 1955, as amended,
referred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272,
as amended. Provisions of title II of this Act relating to the
establishment of the revolving fund (liquidating programs) are
classified to section 1701g-5 of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Department of Housing and
Urban Development-Independent Agencies Appropriation Act, 1984, and
not as part of the National Housing Act which comprises this
chapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1701g-5b of this title.
-CITE-
12 USC Sec. 1701g-5b 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g-5b. Liquidation of New Communities Program; cancellation
of debt
-STATUTE-
(a) Law applicable
In order to provide for the management and orderly liquidation of
the assets, and discharge the liabilities, acquired or incurred in
connection with the new communities program authorized pursuant to
title IV of the Housing and Urban Development Act of 1968 (42
U.S.C. 3901 et seq.) and title VII of the Housing and Urban
Development Act of 1970 (42 U.S.C. 4501 et seq.) (hereafter
referred to in this section as ''title IV'' and ''title VII'',
respectively), the liquidation of the new communities program shall
be carried out pursuant to the provisions of law applicable to the
revolving fund (liquidating programs) established pursuant to title
II of the Independent Offices Appropriations Act, 1955 (12 U.S.C.
1701g-5), upon the transfer by the Secretary of Housing and Urban
Development (hereafter in this section referred to as the
''Secretary'') of the assets and liabilities of the fund authorized
under section 717 of title VII (42 U.S.C. 4518) to such revolving
fund, as required in title I of the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1984 (12 U.S.C.
1701g-5a). The Secretary shall report to the Congress not less than
sixty days prior to taking any action with respect to the
disposition of real property (other than a purchase money mortgage)
which involves any further potential liability of or assistance
from the Department of Housing and Urban Development with respect
to any property so transferred.
(b) Availability of revolving fund moneys for administrative and
other expenses
In carrying out the purposes of subsection (a) of this section,
all moneys in the revolving fund (liquidating programs) shall be
available for necessary administrative and other expenses of
servicing and liquidating obligations guaranteed pursuant to
section 403 and section 713 of title IV and title VII, respectively
(42 U.S.C. 3902, 4514), including costs of services (including
legal services) performed on a contract or fee basis, and to
discharge any other liability acquired or incurred in connection
with the new communities program. Notwithstanding any other
provision of law relating to the acquisition, handling,
improvement, or disposal of real and other property by the United
States, the Secretary of Housing and Urban Development shall also
have power, for the protection of the interests of the revolving
fund (liquidating programs), to pay out of any moneys in such fund
all expenses or charges in connection with the acquisition,
handling, improvement, or disposal of any property, real or
personal, acquired by the Secretary either prior or subsequent to
November 30, 1983, as a result of recoveries under security,
subrogation, or other rights in connection with the new communities
program.
(c) Issuance of obligations to Secretary of the Treasury
After making the transfer required in title I of the Department
of Housing and Urban Development-Independent Agencies Appropriation
Act, 1984 (12 U.S.C. 1701g-5a), the Secretary of Housing and Urban
Development may issue obligations to the Secretary of the Treasury
in an amount sufficient to enable the Secretary of Housing and
Urban Development to satisfy any guarantee made pursuant to section
403 or 713 of title IV or title VII, respectively (42 U.S.C. 3902,
4514), and otherwise carry out the functions authorized by this
section. The obligations issued under this subsection shall have
such maturities and bear such rate or rates of interest as shall be
determined by the Secretary of the Treasury. The Secretary of the
Treasury is authorized and directed to purchase any obligations so
issued, and for that purpose the Secretary of the Treasury is
authorized to use as a public debt transaction the proceeds from
the sale of any securities issued under chapter 31 of title 31, and
the purposes for which securities may be issued under such chapter
are extended to include purchases of obligations issued under this
subsection.
(d) Cancellation of obligations
Upon the transfer required in title I of the Department of
Housing and Urban Development-Independent Agencies Appropriation
Act, 1984 (12 U.S.C. 1701g-5a), each obligation issued by the
Secretary of Housing and Urban Development to the Secretary of the
Treasury pursuant to section 407(a) or 717(b) of title IV or title
VII, respectively (42 U.S.C. 3906(a), 4518(b)), together with any
promise to repay the principal and unpaid interest which has
accrued on each obligation, and any other term or condition
specified by each such obligation, is canceled.
-SOURCE-
(Pub. L. 98-181, title IV, Sec. 474(a)-(d), Nov. 30, 1983, 97 Stat.
1238, 1239.)
-REFTEXT-
REFERENCES IN TEXT
The Housing and Urban Development Act of 1968, referred to in
subsec. (a), is Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 476, as
amended. Title IV of the Housing and Urban Development Act, which
was classified to chapter 48 (Sec. 3901 et seq.) of Title 42, The
Public Health and Welfare, was repealed, with certain exceptions
which were omitted from the Code, by Pub. L. 98-181, title IV, Sec.
474(e), Nov. 30, 1983, 97 Stat. 1239. Sections 403 and 407 of the
Housing and Urban Development Act of 1968 were classified to
sections 3902 and 3906, respectively, of Title 42, and were
repealed by section 474(e) of Pub. L. 98-181. For complete
classification of this Act to the Code, see Short Title of 1968
Amendment note set out under section 1701 of this title and Tables.
The Housing and Urban Development Act of 1970, referred to in
subsec. (a), is Pub. L. 91-609, Dec. 31, 1970, 84 Stat. 1770, as
amended. Title VII of the Housing and Urban Development Act of
1970, known as the Urban Growth and New Community Development Act
of 1970, is classified principally to chapter 59 (Sec. 4501 et
seq.) of Title 42. Sections 713 and 717 of the Housing and Urban
Development Act of 1970 were classified to sections 4514 and 4518,
respectively, of Title 42, and were repealed by Pub. L. 98-181,
title IV, Sec. 474(e), Nov. 30, 1983, 97 Stat. 1239. For complete
classification of this Act to the Code, see Short Title of 1970
Amendment note set out under section 1701 of this title and Tables.
The Independent Offices Appropriation Act, 1955, as amended,
referred to in subsec. (a), is act June 24, 1954, ch. 359, 68 Stat.
272, as amended. Provisions of title II of this Act relating to
the establishment of the revolving fund (liquidating programs) are
classified to section 1701g-5 of this title. For complete
classification of this Act to the Code, see Tables.
The Department of Housing and Urban Development-Independent
Agencies Appropriation Act, 1984, referred to in subsecs. (a), (c),
and (d), is Pub. L. 98-45, July 12, 1983, 97 Stat. 219. Provisions
of title I of this Act requiring the transfer of assets and
liabilities to the revolving fund (liquidating programs) are
classified to section 1701g-5a of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Housing and Urban-Rural
Recovery Act of 1983 and also as part of the Domestic Housing and
International Recovery and Financial Stability Act, and not as part
of the National Housing Act which comprises this chapter.
-CITE-
12 USC Sec. 1701g-5c 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701g-5c. Transfer of rehabilitation loan fund assets and
liabilities
-STATUTE-
Notwithstanding section 289(c) of the Cranston-Gonzalez National
Affordable Housing Act (Public Law 101-625), the assets and
liabilities of the revolving fund established by section 1452b
(FOOTNOTE 1) of title 42, and any collections, including repayments
or recaptured amounts, of such fund shall be transferred to and
merged with the Revolving Fund (liquidating programs), established
pursuant to title II of the Independent Offices Appropriation Act,
1955, as amended (12 U.S.C. 1701g-5), effective October 1, 1991.
(FOOTNOTE 1) See References in Text note below.
-SOURCE-
(Pub. L. 102-139, title II, Oct. 28, 1991, 105 Stat. 752.)
-REFTEXT-
REFERENCES IN TEXT
Section 289(c) of the Cranston-Gonzalez National Affordable
Housing Act (Pub. L. 101-625), referred to in text, is not
classified to the Code.
Section 1452b of title 42, referred to in text, was repealed by
Pub. L. 101-625, title II, Sec. 289(b), Nov. 28, 1990, 104 Stat.
4128.
The Independent Offices Appropriation Act, 1955, as amended,
referred to in text, is act June 24, 1954, ch. 359, 68 Stat. 272,
as amended. Provisions of title II of this Act relating to the
establishment of the revolving fund (liquidating programs) are
classified to section 1701g-5 of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1992, and not as part of the National Housing
Act which comprises this chapter.
-CITE-
12 USC Sec. 1701h 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701h. Advisory committees; payment of transportation and
other expenses
-STATUTE-
The Secretary of Housing and Urban Development is authorized to
establish such advisory committee or committees as he may deem
necessary in carrying out any of his functions, powers, and duties
under this or any other Act or authorization. Persons serving
without compensation as members of any such committee may be paid
transportation expenses and not to exceed $25 per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
-SOURCE-
(July 15, 1949, ch. 338, title VI, Sec. 601, 63 Stat. 439; Aug. 2,
1954, ch. 649, title VIII, Sec. 807, 68 Stat. 645; Pub. L. 89-117,
title XI, Sec. 1106, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90-19,
Sec. 6(h), May 25, 1967, 81 Stat. 22; Pub. L. 98-479, title II,
Sec. 202(c), Oct. 17, 1984, 98 Stat. 2228.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act July 15, 1949, ch. 338, 63
Stat. 413, as amended, known as the Housing Act of 1949, which is
classified principally to chapter 8A (Sec. 1441 et seq.) of Title
42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section
1441 of Title 42 and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Housing Act of 1949, and not
as part of the National Housing Act which comprises this chapter.
-MISC3-
AMENDMENTS
1984 - Pub. L. 98-479 substituted ''section 5703 of title 5'' for
''section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)''.
1967 - Pub. L. 90-19 substituted ''The Secretary of Housing and
Urban Development'' and ''he'' for ''The Housing and Home Finance
Administrator and the head of each constituent agency of the
Housing and Home Finance Agency'' and ''each'', respectively.
1965 - Pub. L. 89-117 struck out provision that declared
inapplicable the conflict-of-interest statutes in the case of
members of advisory committees.
1954 - Act Aug. 2, 1954, permitted heads of constituent agencies
of the Housing and Home Finance Agency to establish advisory
committees, inserted provisions relating to inapplicability of the
conflict-of-interest statutes with respect to committee members
serving without compensation, and inserted provisions relating to
payment of expenses.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section
14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.
-EXEC-
EX. ORD. NO. 10486. ADVISORY COMMITTEE ON GOVERNMENT HOUSING
POLICIES AND PROGRAMS
Ex. Ord. No. 10486, Sept. 12, 1953, 18 F.R. 5561, provided:
1. There shall be established the Advisory Committee on
Government Housing Policies and Programs.
2. The Committee shall make, or cause to be made, studies and
surveys of the housing policies and programs of the Government and
the organization within the Executive Branch for the administration
of such policies and programs, and shall advise the Housing and
Home Finance Administrator and the President with respect thereto.
3. The Housing and Home Finance Administrator shall serve as the
Chairman of the Committee, and the other members of the Committee
shall be appointed pursuant to the provisions of this Executive
Order and Section 601 of the Housing Act of 1949 (63 Stat. 439)
(this section).
4. To work directly with the Housing and Home Finance
Administrator in the task of directing specific studies and surveys
and developing concrete recommendations, there shall be in the
Committee an Executive Committee, consisting of members of the
Committee designated for such purpose, and the Housing and Home
Finance Administrator shall serve as the Chairman of such Executive
Committee.
5. Administrative expenses in connection with the work of the
Committee, including expenses of advisers and consultants appointed
by the Chairman in connection therewith, shall, upon authorization
therefor by the Chairman or his delegate, be paid pursuant to the
authority therefor under the heading, ''Housing and Home Finance
Agency, Office of the Administrator'' in the Supplemental
Appropriation Act, 1954 (Public Law 207, Eighty-third Congress,
approved August 7, 1953). Dwight D. Eisenhower.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1701h-1 of this title;
title 20 section 802.
-CITE-
12 USC Sec. 1701h-1 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701h-1. Housing for elderly persons advisory committee
-STATUTE-
The Secretary of Housing and Urban Development shall establish,
in accordance with the provisions of section 1701h of this title,
an advisory committee on matters relating to housing for elderly
persons.
-SOURCE-
(Aug. 7, 1956, ch. 1029, title I, Sec. 104(d), 70 Stat. 1093; Pub.
L. 90-19, Sec. 13(a), May 25, 1967, 81 Stat. 24.)
-COD-
CODIFICATION
Section was enacted as part of the Housing Act of 1956, and not
as part of the National Housing Act which comprises this chapter.
-MISC3-
AMENDMENTS
1967 - Pub. L. 90-19 substituted ''Secretary of Housing and Urban
Development'' for ''Housing and Home Finance Administrator''.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a committee established by the
Congress, its duration is otherwise provided for by law. See
section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
in the Appendix to Title 5, Government Organization and Employees.
-CITE-
12 USC Sec. 1701i, 1701i-1 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701i, 1701i-1. Omitted
-MISC1-
Section 1701i, act July 15, 1949, ch. 338, title VI, Sec. 603, 63
Stat. 440; 1953 Reorg. Plan No. 1, Sec. 5, eff. Apr. 11, 1953, 18
F.R. 2053, 67 Stat. 631, included the Secretary of Labor and the
Secretary of Health, Education, and Welfare or their designees in
the membership of the National Housing Council of the Housing and
Home Finance Agency.
Section 1701i-1, act Sept. 1, 1951, ch. 378, title VI, Sec. 615,
65 Stat. 317, included the Secretary of Defense or his designee and
excluded the Chairman of Board of Directors of Reconstruction
Finance Corporation or his designee from National Housing Council
membership.
-CITE-
12 USC Sec. 1701j 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701j. Repealed. Aug. 2, 1954, ch. 649, title VIII, Sec. 813,
68 Stat. 647
-MISC1-
Section, acts Apr. 20, 1950, ch. 94, title V, Sec. 504, 64 Stat.
81; Sept. 1, 1951, ch. 378, title VI, Sec. 613(a), 65 Stat. 316;
June 30, 1953, ch. 170, Sec. 23, 67 Stat. 127, related to control
of charges and fees, imposed by lenders upon builders and
purchasers in connection with home loans, by the Federal Housing
Commissioner and the Administrator of Veterans' Affairs.
Sections 1, 509, and 510 of act Apr. 20, 1950, were formerly set
out as notes under this section. See notes under section 1701k of
this title.
-CITE-
12 USC Sec. 1701j-1 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701j-1. Builder's certification as to construction
-STATUTE-
(a) Warranty requirements
The Secretary of Housing and Urban Development is authorized and
directed to require that, in connection with any property upon
which there is located a dwelling designed principally for not more
than a four-family residence and which is approved for mortgage
insurance prior to the beginning of construction, the seller or
builder, and such other person as may be required by the said
Secretary to become warrantor, shall deliver to the purchaser or
owner of such property a warranty that the dwelling is constructed
in substantial conformity with the plans and specifications
(including any amendments thereof, or changes and variations
therein, which have been approved in writing by the Secretary of
Housing and Urban Development) on which the Secretary of Housing
and Urban Development based his valuation of the dwelling:
Provided, That the Secretary of Housing and Urban Development shall
deliver to the builder, seller, or other warrantor his written
approval (which shall be conclusive evidence of such approval) of
any amendment of, or change or variation in, such plans and
specifications which the Secretary deems to be a substantial
amendment thereof, or change or variation therein, and shall file a
copy of such written approval with such plans and specifications:
Provided further, That such warranty shall apply only with respect
to such instances of substantial nonconformity to such approved
plans and specifications (including any amendments thereof, or
changes or variations therein, which have been approved in writing,
as provided herein, by the Secretary of Housing and Urban
Development) as to which the purchaser or homeowner has given
written notice to the warrantor within one year from the date of
conveyance of title to, or initial occupancy of, the dwelling,
whichever first occurs: Provided further, That such warranty shall
be in addition to, and not in derogation of, all other rights and
privileges which such purchaser or owner may have under any other
law or instrument: And provided further, That the provisions of
this section shall apply to any such property covered by a mortgage
insured by the Secretary of Housing and Urban Development on and
after October 1, 1954, unless such mortgage is insured pursuant to
a commitment therefor made prior to October 1, 1954.
(b) Availability of plans and specifications
The Secretary of Housing and Urban Development is further
directed to permit copies of the plans and specifications
(including written approvals of any amendments thereof, or changes
or variations therein, as provided herein) for dwellings in
connection with which warranties are required by subsection (a) of
this section to be made available in their appropriate local
offices for inspection or for copying by any purchaser, homeowner,
or warrantor during such hours or periods of time as the said
Secretary may determine to be reasonable.
-SOURCE-
(Aug. 2, 1954, ch. 649, title VIII, Sec. 801, 68 Stat. 642; Pub. L.
85-857, Sec. 13(s)(2), Sept. 2, 1958, 72 Stat. 1266; Pub. L. 90-19,
Sec. 10(e), May 25, 1967, 81 Stat. 22.)
-COD-
CODIFICATION
Section was enacted as part of the Housing Act of 1954, and not
as part of the National Housing Act which comprises this chapter.
-MISC3-
AMENDMENTS
1967 - Subsecs. (a), (b). Pub. L. 90-19 substituted ''Secretary
of Housing and Urban Development'' and ''Secretary'' for ''Federal
Housing Commissioner'' and ''Commissioner'', respectively.
1958 - Subsec. (a). Pub. L. 85-857 struck out provisions that
related to Administrator of Veterans' Affairs and to mortgages
guaranteed by him.
Subsec. (b). Pub. L. 85-857 struck out provisions that related to
Administrator of Veterans' Affairs.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-857 effective Jan. 1, 1959, see section 2
of Pub. L. 85-857, set out as an Effective Date note preceding part
1 of Title 38, Veterans' Benefits.
STUDY REGARDING HOME WARRANTY PLANS
Pub. L. 102-550, title V, Sec. 514, Oct. 28, 1992, 106 Stat.
3789, directed Secretary of Housing and Urban Development to
conduct a study of home and builder's warranties and protection
plans regarding construction of, and materials used in, 1- to
4-family dwellings subject to mortgages insured under title II of
the National Housing Act (12 U.S.C. 1707 et seq.), and submit a
report to Congress regarding findings of the study and any
recommendations of the Secretary resulting from the study, not
later than the expiration of the 12-month period beginning on Oct.
28, 1992.
-CITE-
12 USC Sec. 1701j-2 01/06/03
-EXPCITE-
TITLE 12 - BANKS AND BANKING
CHAPTER 13 - NATIONAL HOUSING
-HEAD-
Sec. 1701j-2. National Institute of Building Sciences
-STATUTE-
(a) Congressional findings and declaration of purpose
(1) The Congress finds (A) that the lack of an authoritative
national source to make findings and to advise both the public and
private sectors of the economy with respect to the use of building
science and technology in achieving nationally acceptable standards
and other technical provision for use in Federal, State, and local
housing and building regulations is an obstacle to efforts by and
imposes severe burdens upon all those who procure, design,
construct, use, operate, maintain, and retire physical facilities,
and frequently results in the failure to take full advantage of new
and useful developments in technology which could improve our
living environment; (B) that the establishment of model buildings
codes or of a single national building code will not completely
resolve the problem because of the difficulty at all levels of
government in updating their housing and building regulations to
reflect new developments in technology, as well as the
irregularities and inconsistencies which arise in applying such
requirements to particular localities or special local conditions;
(C) that the lack of uniform housing and building regulatory
provisions increases the costs of construction and thereby reduces
the amount of housing and other community facilities which can be
provided; and (D) that the existence of a single authoritative
nationally recognized institution to provide for the evaluation of
new technology could facilitate introduction of such innovations
and their acceptance at the Federal, State, and local levels.
(2) The Congress further finds, however, that while an
authoritative source of technical findings is needed, various
private organizations and institutions, private industry, labor,
and Federal and other governmental agencies and entities are
presently engaged in building research, technology development,
testing, and evaluation, standards and model code development and
promulgation, and information dissemination. These existing
activities should be encouraged and these capabilities effectively
utilized wherever possible and appropriate to the purposes of this
section.
(3) The Congress declares that an authoritative nongovernmental
instrument needs to be created to address the problems and issues
described in paragraph (1), that the creation of such an instrument
should be initiated by the Government, with the advice and
assistance of the National Academy of Sciences-National Academy of
Engineering-National Research Council (hereinafter referred to as
the ''Academies-Research Council'') and of the various sectors of
the building community, including labor and management, technical
experts in building science and technology, and the various levels
of government.
(b) Establishment; advice and assistance of Academies-Research
Council and other agencies and organizations knowledgeable in
building technology
(1) There is authorized to be established, for the purposes
described in subsection (a)(3) of this section, an appropriate
nonprofit, nongovernmental instrument to be known as the National
Institute of Building Sciences (hereinafter referred to as the
''Institute''), which shall not be an agency or establishment of
the United States Government. The Institute shall be subject to the
provisions of this section and, to the extent consistent with this
section, to a charter of the Congress if such a charter is
requested and issued or to the District of Columbia Nonprofit
Corporation Act if that is deemed preferable.
(2) The Academies-Research Council, along with other agencies and
organizations which are knowledgeable in the field of building
technology, shall advise and assist in (A) the establishment of the
Institute; (B) the development of an organizational framework to
encourage and provide for the maximum feasible participation of
public and private scientific, technical, and financial
organizations, institutions, and agencies now engaged in activities
pertinent to the development, promulgation, and maintenance of
performance criteria, standards, and other technical provisions for
building codes and other regulations; and (C) the promulgation of
appropriate organizational rules and procedures including those for
the selection and operation of a technical staff, such rules and
procedures to be based upon the primary object of promoting the
public interest and insuring that the widest possible variety of
interests and experience essential to the functions of the
Institute are represented in the Institute's operations.
Recommendations of the Academies-Research Council shall be based
upon consultations with and recommendations from various private
organizations and institutions, labor, private industry, and
governmental agencies entities operating in the field, and the
Consultative Council as provided for under subsection (c)(8) of
this section.
(3) Nothing in this section shall be construed as expressing the
intent of the Congress that the Academies-Research Council itself
be required to assume any function or operation vested in the
Institute by or under this section.
(c) Board of Directors; number; appointment; membership; terms of
office; vacancies; appointment, etc., of Chairman and Vice
Chairman; employees of United States; travel and subsistence
expenses; appointment and compensation of president and other
executive officers and employees; establishment, membership,
and functions of Consultative Council
(1) The Institute shall have a Board of Directors (hereinafter
referred to as the ''Board'') consisting of not less than fifteen
nor more than twenty-one members, appointed by the President of the
United States by and with the advice and consent of the Senate. The
Board shall be representative of the various segments of the
building community, of the various regions of the country, and of
the consumers who are or would be affected by actions taken in the
exercise of the functions and responsibilities of the Institute,
and shall include (A) representatives of the construction industry,
including representatives of construction labor organizations,
product manufacturers, and builders, housing management experts,
and experts in building standards, codes, and fire safety, and (B)
members representative of the public interest in such numbers as
may be necessary to assure that a majority of the members of the
Board represent the public interest and that there is adequate
consideration by the Institute of consumer interests in the
exercise of its functions and responsibilities. Those representing
the public interest on the Board shall include architects,
professional engineers, officials of Federal, State, and local
agencies, and representatives of consumer organizations. Such
members of the Board shall hold no financial interest or membership
in, nor be employed by, or receive other compensation from, any
company, association, or other group associated with the
manufacture, distribution, installation, or maintenance of
specialized building products, equipment, systems, subsystems, or
other construction materials and techniques for which there are
available substitutes.
(2) The members of the initial Board shall serve as incorporators
and shall take whatever actions are necessary to establish the
Institute as provided for under subsection (b)(1) of this section.
(3) The term of office of each member of the initial and
succeeding Boards shall be three years; except that (A) any member
appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed shall be appointed
for the remainder of such term; and (B) the terms of office of
members first taking office shall begin on the date of
incorporation and shall expire, as designated at the time of their
appointment, one-third at the end of one year, one-third at the end
of two years, and one-third at the end of three years. No member
shall be eligible to serve in excess of three consecutive terms of
three years each. Notwithstanding the preceding provisions of this
subsection, a member whose term has expired may serve until his
successor has qualified.
(4) Any vacancy in the initial and succeeding Boards shall not
affect its power, but shall be filled in the manner in which the
original appointments were made, or, after the first five years of
operation, as provided for by the organizational rules and
procedures of the Institute; except that, notwithstanding any such
rules and procedures as may be adopted by the Institute, the
President of the United States, by and with the advice and consent
of the Senate, shall appoint, as representative of the public
interest, two of the members of the Board of Directors selected
each year for terms commencing in that year.
(5) The President shall designate one of the members appointed to
the initial Board as Chairman; thereafter, the members of the
initial and succeeding Boards shall annually elect one of their
number as Chairman. The members of the Board shall also elect one
or more of their Members as Vice Chairman. Terms of the Chairman
and Vice Chairman shall be for one year and no individual shall
serve as Chairman or Vice Chairman for more than two consecutive
terms.
(6) The members of the initial or succeeding Boards shall not, by
reason of such membership, be deemed to be employees of the United
States Government. They shall, while attending meetings of the
Board or while engaged in duties related to such meetings or in
other activities of the Board pursuant to this section, be entitled
to receive compensation at the rate of $100 per day including
traveltime, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in
lieu of subsistence, equal to that authorized under section 5703 of
title 5, for persons in the Government service employed
intermittently.
(7) The Institute shall have a president and such other executive
officers and employees as may be appointed by the Board at rates of
compensation fixed by the Board. No such executive officer or
employee may receive any salary or other compensation from any
source other than the Institute during the period of his employment
by the Institute.
(8) The Institute shall establish, with the advice and assistance
of the Academies-Research Council and other agencies and
organizations which are knowledgeable in the field of building
technology, a Consultative Council, membership in which shall be
available to representatives of all appropriate private trade,
professional, and labor organizations, private and public
standards, code, and testing bodies, public regulatory agencies,
and consumer groups, so as to insure a direct line of communication
between such groups and the Institute and a vehicle for
representative hearings on matters before the Institute.
(d) Financial restrictions and prohibitions
(1) The Institute shall have no power to issue any shares of
stock, or to declare or pay any dividends.
(2) No part of the income or assets of the Institute shall inure
to the benefit of any director, officer, employee, or other
individual except as salary or reasonable compensation for
services.
(3) The Institute shall not contribute to or otherwise support
any political party or candidate for elective public office.
(e) Exercise of functions and responsibilities
(1) The Institute shall exercise its functions and
responsibilities in four general areas, relating to building
regulations, as follows:
(A) Development, promulgation, and maintenance of nationally
recognized performance criteria, standards, and other technical
provisions for maintenance of life, safety, health, and public
welfare suitable for adoption by building regulating
jurisdictions and agencies, including test methods and other
evaluative techniques relating to building systems, subsystems,
components, products, and materials with due regard for consumer
problems.
(B) Evaluation and prequalification of existing and new
building technology in accordance with subparagraph (A).
(C) Conduct of needed investigations in direct support of
subparagraphs (A) and (B).
(D) Assembly, storage, and dissemination of technical data and
other information directly related to subparagraphs (A), (B), and
(C).
(2) The Institute in exercising its functions and
responsibilities described in paragraph (1) shall assign and
delegate, to the maximum extent possible, responsibility for
conducting each of the needed activities described in paragraph (1)
to one or more of the private organizations, institutions,
agencies, and Federal and other governmental entities with a
capacity to exercise or contribute to the exercise of such
responsibility, monitor the performance achieved through assignment
and delegation, and, when deemed necessary, reassign and delegate
such responsibility.
(3) The Institute in exercising its functions and
responsibilities under paragraphs (1) and (2) shall (A) give
particular attention to the development of methods for encouraging
all sectors of the economy to cooperate with the Institute and to
accept and use its technical findings, and to accept and use the
nationally recognized performance criteria, standards, and other
technical provisions developed for use in Federal, State, and local
building codes and other regulations which result from the program
of the Institute; (B) seek to assure that its actions are
coordinated with related requirements which are imposed in
connection with community and environmental development generally;
and (C) consult with the Department of Justice and other agencies
of government to the extent necessary to insure that the national
interest is protected and promoted in the exercise of its functions
and responsibilities.
(f) Contract and grant authorization; donations; fees; amounts
received in addition to amounts appropriated
(1) The Institute is authorized to accept contracts and grants
from Federal, State, and local governmental agencies and other
entities, and grants and donations from private organizations,
institutions, and individuals.
(2) The Institute may, in accordance with rates and schedules
established with guidance as provided under subsection (b)(2) of
this section, establish fees and other charges for services
provided by the Institute or under its authorization.
(3) Amounts received by the Institute under this section shall be
in addition to any amounts which may be appropriated to provide its
initial operating capital under subsection (h) of this section.
(g) Technical findings and performance criteria and standards;
applicability and use by Federal departments, agencies, and
establishments, and State and local governments; supporting
grants and contracts
(1) Every department, agency, and establishment of the Federal
Government, in carrying out any building or construction, or any
building- or construction-related programs, which involves direct
expenditures, and in developing technical requirements for any such
building or construction, shall be encouraged to accept the
technical findings of the Institute, or any nationally recognized
performance criteria, standards, and other technical provisions for
building regulations brought about by the Institute, which may be
applicable.
(2) All projects and programs involving Federal assistance in the
form of loans, grants, guarantees, insurance, or technical aid, or
in any other form, shall be encouraged to accept, use, and comply
with any of the technical findings of the Institute, or any
nationally recognized performance criteria, standards, and other
technical provisions for building codes and other regulations
brought about by the Institute, which may be applicable to the
purposes for which the assistance is to be used.
(3) Every department, agency, and establishment of the Federal
Government having responsibility for building or construction, or
for building- or construction-related programs, is authorized and
encouraged to request authorization and appropriations for grants
to the Institute for its general support, and is authorized to
contract with and accept contracts from the Institute for specific
services where deemed appropriate by the responsible Federal
official involved.
(4) The Institute shall establish and carry on a specific and
continuing program of cooperation with the States and their
political subdivisions designed to encourage their acceptance of
its technical findings and of nationally recognized performance
criteria, standards, and other technical provisions for building
regulations brought about by the Institute. Such program shall
include (A) efforts to encourage any changes in existing State and
local law to utilize or embody such findings and regulatory
provisions; and (B) assistance to States in the development of
inservice training programs for building officials, and in the
establishment of fully staffed and qualified State technical
agencies to advise local officials on questions of technical
interpretation.
(h) Advanced Building Technology Program
(1) Establishment of Advanced Building Technology Council
There is established within the Institute, the Advanced
Building Technology Council (hereafter referred to as the
''Council'').
(2) Purposes
The Council shall carry out an Advanced Building Technology
Program for the purposes of -
(A) identifying, selecting, and evaluating existing and new
building technologies, including energy cost savings
technologies, that conform to recognized performance criteria
and meet applicable test standards for maintenance of life,
safety, health, and public welfare when used in occupied
buildings;
(B) to the extent necessary, developing criteria for the use
of such technology;
(C) conducting economic analyses of proposed new technologies
when produced and installed in buildings at volumes associated
with comparable conventional technologies;
(D) in cooperation with the appropriate Federal agencies,
advising building designers, installers, subcontractors,
contractors and supervisory officials on the appropriate design
and use of new building technology incorporated in federally
owned or operated buildings;
(E) in cooperation with the appropriate Federal agencies,
monitoring and evaluating the performance of new building
technologies for at least 1 year after installation and
building occupancy; and
(F) disseminating resulting data to affected parties through
automated information management systems.
(3) Council membership
The Council shall be comprised of not less than 6 and not more
than 11 members selected by the Secretary of Housing and Urban
Development from among representatives of the various segments of
the nationwide building community that have extensive experience
in building industries, including, but not limited to -
(A) product manufacturers;
(B) experts in the fields of health, fire hazards, and
safety; and
(C) independent representatives of the public interest such
as architects, professional engineers, and representatives of
consumer organizations,
except that serving members of the National Institute of Building
Sciences Advisory Council shall not be eligible to serve
simultaneously on the Council.
(4) Federal participation
(A) In general
Any agency of the Federal Government involved in any building
or construction may participate in the Advanced Building
Technology Program with the Council to develop and implement
programs to incorporate one or more of the recommended new
technologies in a new or existing building within the agency.
(B) Required assurances
Upon agreement between a participating Federal agency and the
Council, with respect to the selection of the appropriate
technology and the schedule of necessary work, the Council
shall -
(i) provide the Federal agency with a 5-year guarantee from
the technology manufacturer that -
(I) all necessary corrections to the technology will be
made in the design, installation, and maintenance of the
technology;
(II) all malfunctions will be repaired without delay; and
(III) the technology manufacturer will be responsible for
removal of the technology in the event of its failure to
perform as required;
(ii) provide the Federal agency and its officials
responsible for constructing or renovating buildings
utilizing the new technology, as well as the designers,
installers, subcontractors, and contractors responsible for
the design, constru
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |