§ 1701c. — Secretary of Housing and Urban Development.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701c]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701c. Secretary of Housing and Urban Development
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,\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.
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\1\ So in original. Probably should refer to the Director of the
Office of Thrift Supervision.
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(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.
(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, Secs. 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.)
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.
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.
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.
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.
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.
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.
Section Referred to in Other Sections
This section is referred to in section 1701z-2 of this title.