§ 1701z-2. — Advanced technologies, methods, and materials for housing construction, rehabilitation, and maintenance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701z-2]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701z-2. Advanced technologies, methods, and materials for
housing construction, rehabilitation, and maintenance
(a) General acceptance; costs, reduction; health and safety restrictions
on expanded housing production
The Secretary shall require, to the greatest extent feasible, the
employment of new and improved technologies, methods, and materials in
housing construction, rehabilitation, and maintenance under programs
administered by him with a view to reducing costs, and shall encourage
and promote the acceptance and application of such advanced technology,
methods, and materials by all segments of the housing industry,
communities, industries engaged in urban development activities, and the
general public. To the extent feasible, in connection with the
construction, major rehabilitation, or maintenance of any housing
assisted under section 1701z-1 of this title, the Secretary shall assure
that there is no restraint by contract, building code, zoning ordinance,
or practice against the employment of new or improved technologies,
techniques, materials, and methods or of preassembled products which may
reduce the cost or improve the quality of such construction,
rehabilitation, and maintenance, and therefore stimulate expanded
production of housing, except where such restraint is necessary to
insure safe and healthful working and living conditions.
(b) Experimental construction under approved housing plans on Federal or
other lands with view toward ultimate mass housing production;
use of section 1701z-1 funds and authority
To encourage large-scale experimentation in the use of new
technologies, methods, and materials, with a view toward the ultimate
mass production of housing and related facilities, the Secretary shall
wherever feasible conduct programs under section 1701z-1 of this title
in which qualified organizations, public and private, will submit plans
for development and production of housing and related facilities using
such new advances on Federal land which has been made available or
acquired by the Secretary for the purpose of this subsection or on other
land where (1) local building regulations permit such experimental
construction, or (2) necessary variances from building regulations can
be granted. The Secretary may utilize the funds and authority available
to him under the provisions of section 1701z-1 of this title to assist
in the implementation of plans which he approves.
(c) Acquisition, use, and disposal of property; transfer of excess
property
Notwithstanding any other provision of law, the Secretary is
authorized, in connection with projects under this title [12 U.S.C.
1701z-1 et seq.], to acquire, use and dispose of any land and other
property required for the project as he deems necessary. Notwithstanding
the provisions of the Federal Property and Administrative Services Act
of 1949, any land which is excess property within the meaning of such
Act and which is determined by the Secretary to be suitable in
furtherance of the purposes of subsection (b) of this section may be
transferred to the Secretary upon his request.
(d) Technical assistance; reports; general dissemination and form of
reports, data, and information
In order to effectively carry out his activities under section
1701z-1 of this title, the Secretary is authorized to provide such
advice and technical assistance as may be required and to pay for the
cost of writing and publishing reports on activities and undertakings
financed under section 1701z-1 of this title, as well as reports on
similar activities and undertakings, not so financed, which are of
significant value in furthering the purposes of that section. He may
disseminate (without regard to the provisions of section 3204 of title
39 or section 4154 of such title with respect to any period before the
effective date of such section 3204 as provided in section 15(a) of the
Postal Reorganization Act) any reports, data, or information acquired or
held under this title [12 U.S.C. 1701z-1 et seq.], including related
data and information otherwise available to the Secretary through the
operation of the programs and activities of the Department of Housing
and Urban Development, in such form as he determines to be most useful
to departments, establishments, and agencies of Federal, State, and
local governments, to industry, and to the general public.
(e) Contracts or grants; authority; advance and progress payments; work
limitation
The Secretary is authorized to carry out the functions authorized in
section 1701z-1 of this title either directly or, without regard to
section 5 of title 41, by contract or by grant. Advance and progress
payment may be made under such contracts or grants without regard to the
provisions of subsections (a) and (b) of section 3324 of title 31 and
such contracts or grants may be made for work to continue for not more
than four years from the date thereof.
(f) Utilization of facilities of other agencies; working agreements,
cooperative agreements, contract authority, receipt of funds,
and exercise of section 1701c(c) powers
In carrying out activities under section 1701z-1 of this title, the
Secretary shall utilize to the fullest extent feasible the available
facilities of other Federal departments and agencies, and shall consult
with, and make recommendations to, such departments and agencies. The
Secretary may enter into working agreements with such departments and
agencies and contract or make grants on their behalf or have such
departments and agencies contract or make grants on his behalf and such
departments and agencies are hereby authorized to execute such contracts
and grants. The Secretary is authorized to make or accept reimbursement
for the cost of such activities. The Secretary is further authorized to
undertake activities under this title [12 U.S.C. 1701z-1 et seq.] under
cooperative agreements with industry and labor, agencies of State or
local governments, educational institutions, and other organizations. He
may enter into contracts with and receive funds from such agencies,
institutions, and organizations, and may exercise any of the other
powers vested in him by section 1701c(c) of this title.
(g) Information and data; restriction on use or identification
The Secretary is authorized to request and receive such information
or data as he deems appropriate from private individuals and
organizations, and from public agencies. Any such information or data
shall be used only for the purposes for which it is supplied, and no
publication shall be made by the Secretary whereby the information or
data furnished by any particular person or establishment can be
identified, except with the consent of such person or establishment.
(Pub. L. 91-609, title V, Sec. 502, Dec. 31, 1970, 84 Stat. 1784; Pub.
L. 94-375, Sec. 23(c), Aug. 3, 1976, 90 Stat. 1078; Pub. L. 98-479,
title II, Sec. 203(k), Oct. 17, 1984, 98 Stat. 2231.)
References in Text
This title, referred to in subsecs. (c), (d), and (f), is title V of
the Housing and Urban Development Act of 1970, Pub. L. 91-609, Dec. 31,
1970, 84 Stat. 1784, as amended, which is classified generally to
section 1701z-1 et seq., of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendments note set out
under section 1701 of this title and Tables.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
For effective date of section 3204 of title 39 as provided in
section 15(a) of the Postal Reorganization Act, referred to in subsec.
(d), see notes preceding section 101 and under section 3204 of Title 39,
Postal Service.
Codification
Section was enacted as part of the Housing and Urban Development Act
of 1970, and not as part of the National Housing Act which comprises
this chapter.
Amendments
1984--Subsec. (e). Pub. L. 98-479 substituted ``subsections (a) and
(b) of section 3324 of title 31'' for ``section 3648 of the Revised
Statutes [31 U.S.C. 529]''.
1976--Subsec. (f). Pub. L. 94-375 inserted ``and such departments
and agencies are hereby authorized to execute such contracts and
grants.'' after ``make grants on his behalf''.
