§ 1701g-5b. — Liquidation of New Communities Program; cancellation of debt.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701g-5b]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701g-5b. Liquidation of New Communities Program;
cancellation of debt
(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.
(Pub. L. 98-181, title IV, Sec. 474(a)-(d), Nov. 30, 1983, 97 Stat.
1238, 1239.)
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.
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.
