12 U.S.C. § 1701a — Short title of amendment of 1938

Page 429 TITLE 12—BANKS AND BANKING § 1701a 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, Edu- cation; section 694a of former Title 38, Pensions, Bo- nuses, 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’.’’ Act June 27, 1934, title III, § 312, as added Aug. 2, 1954, ch. 649, § 201, 68 Stat. 622, provided that: ‘‘This title III [enacting sections 1722 to 1723c of this title and amend- ing sections 1716 to 1721 of this title] may be referred to as the ‘Federal National Mortgage Association Charter Act’.’’ SHORT TITLE OF 1953 AMENDMENT Act June 30, 1953, ch. 170, § 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 In- sular 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 dissolu- tion and abolishment of the Home Owners’ Loan Cor- poration] may be cited as the ‘Housing Amendments of 1953’.’’ SHORT TITLE OF 1952 AMENDMENT Act July 14, 1952, ch. 723, § 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, § 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, § 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, § 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 de- termines may or will affect tenants of federally as- sisted housing only after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applica- ble 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 nec- essary to ensure that such tenants are notified of, and provided an opportunity to participate in, the rule- making, as required by such section 553.’’ SAVINGS PROVISION Pub. L. 110–289, div. B, title I, § 2131, July 30, 2008, 122 Stat. 2843, provided that: ‘‘Any mortgage insured under title II of the National Housing Act [12 U.S.C. 1707 et seq.] before the date of enactment of this subtitle [July 30, 2008] shall continue to be governed by the laws, reg- ulations, orders, and terms and conditions to which it was subject on the day before the date of the enact- ment of this subtitle.’’ IMPLEMENTATION Pub. L. 110–289, div. B, title I, § 2132, July 30, 2008, 122 Stat. 2843, provided that: ‘‘The Secretary of Housing and Urban Development shall by notice establish any additional requirements that may be necessary to im- mediately carry out the provisions of this subtitle [sub- title A (§§ 2111–2133) of title I of div. B of Pub. L. 110–289, see Short Title of 2008 Amendment note above]. The no- tice shall take effect upon issuance.’’ PREFERENCES FOR NATIVE HAWAIIANS ON HAWAIIAN HOME LANDS UNDER HUD PROGRAMS Secretary of Housing and Urban Development to pro- vide a preference to native Hawaiians for housing as- sistance programs under this chapter for housing lo- cated 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, Dem- onstration 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 obliga- tions 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. § 1701a. Short title of amendment of 1938 The Act of February 3, 1938, ch. 13, 52 Stat. 8, may be cited as the ‘‘National Housing Act Amendments of 1938.’’ (Feb. 3, 1938, ch. 13, § 1, 52 Stat. 8.) Editorial Notes REFERENCES IN TEXT The National Housing Act Amendments of 1938, re- ferred 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 sec- tions 433, 493, 657, 1006, and 1008 to 1010 of Title 18, Crimes and Criminal Procedure] of this title. Page 430 TITLE 12—BANKS AND BANKING § 1701b 1 So in original. Probably should refer to the Federal Housing Finance Agency. CODIFICATION Section was enacted as part of the National Housing Act Amendments of 1938, and not as part of the Na- tional Housing Act which comprises this chapter. § 1701b. Short title of amendment of 1942 The Act of May 26, 1942, ch. 319, 56 Stat. 301, may be cited as the ‘‘National Housing Act Amendments of 1942’’. (May 26, 1942, ch. 319, § 15, 56 Stat. 305.) Editorial Notes REFERENCES IN TEXT The National Housing Act Amendments of 1942, re- ferred to in text, enacted section 1743 of this title, amended heading of subchapter VI of this chapter [pre- ceding 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. CODIFICATION Section was enacted as part of the National Housing Act Amendments of 1942, and not as part of the Na- tional Housing Act which comprises this chapter. § 1701c. Secretary of Housing and Urban Devel- opment In carrying out his functions, powers, and du- ties— (a) Employment of personnel; delegation of func- tions The Secretary of Housing and Urban Develop- ment 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 expendi- tures as may be necessary to carry out his func- tions, powers, and duties, and there are author- ized to be appropriated to the Secretary, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary to carry out such functions, powers, and duties and for administrative expenses in connection there- with. The Secretary, without in any way reliev- ing himself from final responsibility, may dele- gate any of his functions and powers to such of- ficers, agents, or employees as he may des- ignate, may authorize such successive redelega- tions 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 Develop- ment, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation, respec- tively, may, in addition to and not in derogation of any powers and authorities conferred else- where in this Act— (1) with the consent of the agency or organi- zation concerned, accept and utilize equip- ment, 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 con- nection 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 accord- ance with the provisions of section 5703 of title 5; (2) utilize, contract with and act through, without regard to section 6101 of title 41, any Federal, State, or local public agency or in- strumentality, educational institution, or non-profit agency or organization with the consent of the agency or organization con- cerned, and any funds available to said officers for carrying out their respective functions, powers, and duties shall be available to reim- burse or pay any such agency or organization; and, whenever in the judgment of any such of- ficer necessary, he may make advance, progress, or other payments with respect to such contracts without regard to the provi- sions of subsections (a) and (b) of section 3324 of title 31; and (3) make expenditures for all necessary ex- penses, including preparation, mounting, ship- ping, 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 respec- tive functions, powers, and duties: Provided, That funds made available for administrative expenses in carrying out the functions, pow- ers, and duties imposed upon the Secretary of Housing and Urban Development and the Fed- eral Home Loan Bank Agency,1 respectively, by or pursuant to law may at their option be consolidated into a single administrative ex- pense fund accounts of such officer or agency for expenditure by them, respectively, in ac- cordance with the provisions hereof. (d) Use of funds for library memberships The Secretary of Housing and Urban Develop- ment may utilize funds made available to him for salaries and expenses for payment in advance for dues or fees for library memberships in orga- nizations (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. (Aug. 10, 1948, ch. 832, title V, § 502, 62 Stat. 1283; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Apr. 20, 1950, ch. 94, title V, § 503, 64 Stat. 80; Pub. L. 87–70, title IX, § 909, June 30, 1961, 75 Stat. 192; Pub. L. 90–19, § 5(d)(1)–(3), (8)–(13), May 25, 1967, 81 Stat. 21; Pub. L. 98–479, title II, §§ 202(b), 203(c), Oct. 17, 1984, 98 Stat. 2228, 2229; Pub. L. 100–242, title V, § 570(a)(1), (3), Feb. 5, 1988, 101 Stat. 1949, 1950; Pub. L. 101–73, title III, § 306, Aug. 9, 1989, 103 Stat. 352; Pub. L. 111–203, title III, § 370, July 21, 2010, 124 Stat. 1565.)