US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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.
---------------------------------------------------------------------------
    \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.

(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.



chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com