12 U.S.C. § 1701c — Secretary of Housing and Urban Devel-

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.) Page 431 TITLE 12—BANKS AND BANKING § 1701c–1 Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is act Aug. 10, 1948, ch. 832, 62 Stat. 1268, 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. CODIFICATION In subsec. (c)(2), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. 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. AMENDMENTS 2010—Subsec. (c). Pub. L. 111–203, § 370(1), substituted ‘‘, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation’’ for ‘‘and the Director of the Office of Thrift Supervision’’ in introductory provisions. Subsec. (c)(3). Pub. L. 111–203, § 370(2), substituted ‘‘Agency’’ for ‘‘Board’’. 1989—Subsec. (c). Pub. L. 101–73, § 306(a), which di- rected 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 in- clude and refer to the Federal Savings and Loan Insur- ance 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, § 306(b), substituted ‘‘of any Federal, State, or local’’ for ‘‘of any State or local’’. 1988—Subsec. (a). Pub. L. 100–242, § 570(a)(1), struck out ‘‘The Secretary of Commerce or his designee shall hereafter be included in the membership of the Na- tional Housing Council.’’ Subsec. (c)(2). Pub. L. 100–242, § 570(a)(3), inserted ‘‘and’’ at end. 1984—Subsec. (a). Pub. L. 98–479, § 202(b)(1), sub- stituted ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ for ‘‘the Classification Act of 1949, as amend- ed’’. Subsec. (c)(1). Pub. L. 98–479, § 202(b)(2), substituted ‘‘section 5703 of title 5’’ for ‘‘5 U.S.C. 73b–2’’. Subsec. (c)(2). Pub. L. 98–479, § 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, § 5(d)(1)–(3), sub- stituted ‘‘Secretary of Housing and Urban Develop- ment’’ for ‘‘Housing and Home Finance Administrator’’ and ‘‘Secretary’’ for ‘‘Administrator’’ wherever appear- ing, and struck out provision for preparation of official seal and judicial notice thereof. Subsec. (c). Pub. L. 90–19, § 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 Com- missioner’’. Subsec. (c)(3). Pub. L. 90–19, § 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 Adminis- trator, the Home Loan Bank Board, the Federal Hous- ing Commissioner, and the Public Housing Commis- sioner’’ and ‘‘said officers or agencies’’. Subsec. (d). Pub. L. 90–19, § 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, § 909(1), struck out provisions which made section 5 of title 41 inapplicable to any purchase or contract by officers (or their agen- cies) for services or supplies if the amount thereof does not exceed $300. Subsec. (d). Pub. L. 87–70, § 909(2), added subsec. (d). 1950—Act Apr. 20, 1950, amended third sentence of sub- sec. (a) to authorize the Administrator to permit re- delegation of functions and powers which he had dele- gated 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 ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. TRANSFER OF FUNCTIONS Federal Home Loan Bank Board abolished and func- tions transferred, see sections 401 to 406 of Pub. L. 101–73, set out as a note under section 1437 of this title. ANNUAL REPORT ON AREAS OF PROGRAM ADMINISTRA- TION AND MANAGEMENT WHICH REQUIRE IMPROVE- MENT Pub. L. 90–448, § 5, Aug. 1, 1968, 82 Stat. 477, as amend- ed by Pub. L. 91–609, title IX, § 918, Dec. 31, 1970, 84 Stat. 1816, directed Secretary to report annually to Commit- tees on Banking and Currency of House and Senate, identifying specific areas of program administration and management which require improvement, describ- ing actions taken and proposed, and recommendations for legislation, prior to repeal by Pub. L. 93–608, § 1(9), Jan. 2, 1975, 88 Stat. 1968. Executive Documents EXECUTIVE ORDER NO. 11196 Ex. Ord. No. 11196, Feb. 2, 1965, 30 F.R. 1171, which del- egated functions to Housing and Home Finance Admin- istrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Secretary of Housing and Urban Develop- ment, 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. § 1701c–1. Omitted Editorial Notes CODIFICATION Section, act June 24, 1954, ch. 359, title I, § 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.