§ 1702. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1702]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER I--HOUSING RENOVATION AND MODERNIZATION
Sec. 1702. Administrative provisions
The powers conferred by this chapter shall be exercised by the
Secretary of Housing and Urban Development (hereinafter referred to as
the ``Secretary''). In order to carry out the provisions of this
subchapter and subchapters II, III, V, VI, VII, VIII, IX-B, and X of
this chapter, the Secretary may establish such agencies, accept and
utilize such voluntary and uncompensated services, utilize such Federal
officers and employees, and, with the consent of the State, such State
and local officers and employees, and appoint such other officers and
employees as he may find necessary, and may prescribe their authorities,
duties, responsibilities, and tenure and fix their compensation. The
Secretary may delegate any of the functions and powers conferred upon
him under this subchapter and subchapters II, III, V, VI, VII, VIII, IX-
B, and X of this chapter to such officers, agents, and employees as he
may designate or appoint, and may make such expenditures (including
expenditures for personal services and rent at the seat of government
and elsewhere, for law books and books of reference, and for paper,
printing, and binding) as are necessary to carry out the provisions of
this subchapter and subchapters II, III, V, VI, VII, VIII, IX-B, and X
of this chapter, without regard to any other provisions of law governing
the expenditure of public funds. All such compensation, expenses, and
allowances shall be paid out of funds made available by this chapter:
Provided, That notwithstanding any other provisions of law except
provisions of law hereafter enacted expressly in limitation hereof, all
expenses of the Department of Housing and Urban Development in
connection with the examination and insurance of loans or investments
under any subchapter of this chapter all properly capitalized
expenditures, and other necessary expenses not attributable to general
overhead in accordance with generally accepted accounting principles
shall be considered nonadministrative and payable from funds made
available by this chapter, except that, unless made pursuant to specific
authorization by the Congress therefor, expenditures made in any fiscal
year pursuant to this proviso, other than the payment of insurance
claims and other than expenditures (including services on a contract or
fee basis, but not including other personal services) in connection with
the acquisition, protection, completion, operation, maintenance,
improvement, or disposition of real or personal property of the
Department acquired under authority of this chapter, shall not exceed 35
per centum of the income received by the Department of Housing and Urban
Development from premiums and fees during the preceding fiscal year.
Except with respect to subchapter III of this chapter, for the purposes
of this section, the term ``nonadministrative'' shall not include
contract expenses that are not capitalized or routinely deducted from
the proceeds of sales, and such expenses shall not be payable from funds
made available by this chapter. The Secretary shall, in carrying out the
provisions of this subchapter and subchapters II, III, V, VI, VII, VIII,
IX-B, and X of this chapter, be authorized, in his official capacity, to
sue and be sued in any court of competent jurisdiction, State or
Federal.
(June 27, 1934, ch. 847, title I, Sec. 1, 48 Stat. 1246; Aug. 23, 1935,
ch. 614, title III, Sec. 344(a), 49 Stat. 722; Mar. 28, 1941, ch. 31,
Sec. 2, 55 Stat. 61; June 28, 1941, ch. 261, Sec. 6, 55 Stat. 365; Aug.
10, 1948, ch. 832, title IV, Sec. 402, 62 Stat. 1283; Aug. 8, 1949, ch.
403, Sec. 2, 63 Stat. 576; Oct. 25, 1949, ch. 729, Sec. 2, 63 Stat. 905;
Apr. 20, 1950, ch. 94, title I, Sec. 122, 64 Stat. 59; Sept. 1, 1951,
ch. 378, title II, Sec. 202, 65 Stat. 303; Pub. L. 89-117, title XI,
Sec. 1108(bb), Aug. 10, 1965, 79 Stat. 507; Pub. L. 89-754, title X,
Sec. 1020(g), Nov. 3, 1966, 80 Stat. 1296; Pub. L. 90-19, Sec. 1(a)(1),
(3), (c), May 25, 1967, 81 Stat. 17, 18; Pub. L. 98-479, title II,
Sec. 202(a)(1), Oct. 17, 1984, 98 Stat. 2228; Pub. L. 100-242, title IV,
Sec. 429(a), Feb. 5, 1988, 101 Stat. 1918; Pub. L. 101-235, title I,
Sec. 133(d)(1), Dec. 15, 1989, 103 Stat. 2027; Pub. L. 106-74, title II,
Sec. 212, Oct. 20, 1999, 113 Stat. 1073.)
Amendments
1999--Pub. L. 106-74 inserted before last sentence ``Except with
respect to subchapter III of this chapter, for the purposes of this
section, the term ``nonadministrative'' shall not include contract
expenses that are not capitalized or routinely deducted from the
proceeds of sales, and such expenses shall not be payable from funds
made available by this chapter.''
1989--Pub. L. 101-235 struck out ``IX-A,'' after ``VIII,'' wherever
appearing.
1988--Pub. L. 100-242 struck out comma before period at end of
second sentence.
1984--Pub. L. 98-479 struck out ``without regard to the provisions
of other laws applicable to the employment or compensation of other
officers or employees of the United States'' at end of second sentence.
1967--Pub. L. 90-19 substituted ``Department of Housing and Urban
Development'' and ``Secretary'' for ``Federal Housing Administration''
and ``Commissioner'', respectively, wherever appearing, substituted
provision for exercise of national housing powers by the Secretary of
Housing and Urban Development for former authorization for creation of a
Federal Housing Administration under a Federal Housing Commissioner
appointed by the President with the consent of the Senate, and
substituted ``Department'' for ``Administration'' in penultimate
sentence.
1966--Pub. L. 89-754 inserted references to subchapter IX-B of this
chapter.
1965--Pub. L. 89-117 inserted references to subchapters V and IX-A
of this chapter.
1951--Act Sept. 1, 1951, inserted references to subchapter X of this
chapter.
1950--Act Apr. 20, 1950, made technical amendments to section to
reflect change in title of Administrator to Commissioner and to omit
provisions relating to tenure and compensation of Commissioner.
1949--Joint Res. Oct. 25, 1949, inserted proviso at end of fourth
sentence.
Act Aug. 8, 1949, made provisions applicable to subchapter VIII.
1948--Act Aug. 10, 1948, substituted ``subchapters II, III, VI, and
VII of this chapter'' for ``subchapters II, III, and VI of this
chapter''.
1941--Act June 28, 1941, substituted ``$12,000'' for ``$10,000''.
Act Mar. 28, 1941, substituted ``subchapters II, III, and VI'' for
``subchapters II and III''.
1935--Act Aug. 23, 1935, inserted sentence at end.
Effective Date of 1941 Amendment
Amendment by act June 28, 1941, effective July 1, 1941, see section
6 of act June 28, 1941.
Repeals
Act Aug. 10, 1948, ch. 832, title V, Sec. 501(a), 62 Stat. 1283,
formerly cited as a credit to this section, was repealed by Pub. L. 89-
554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655.
Transfer of Functions
Functions, powers, and duties of Federal Housing Administration and
Housing and Home Finance Agency transferred to Secretary of Housing and
Urban Development who was authorized to delegate such functions, powers,
and duties to such officers and employees of Department of Housing and
Urban Development as Secretary may designate, see sections 3534 and 3535
of Title 42, The Public Health and Welfare.
Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61
Stat. 954, set out in the Appendix to Title 5, Government Organization
and Employees, abolished office of Federal Housing Administrator and
transferred functions to Federal Housing Commissioner. It also
consolidated Federal Housing Administration with other agencies into
Housing and Home Finance Agency and transferred functions of Federal
Loan Administrator with respect to Federal Housing Administration and
its functions to Housing and Home Finance Administrator. Federal Housing
Administration continued as a constituent agency within Housing and Home
Finance Agency. For provisions concerning appointment and compensation
of Federal Housing Commissioner, see section 3 of Reorganization Plan.
Functions, powers, and duties of National Housing Agency with
respect to property, funds, and other assets which were formerly under
administration of Farm Security Administration and were transferred to
National Housing Agency by Ex. Ord. No. 9070, Feb. 24, 1942, 7 F.R.
1529, as amended, were abolished by section 2(a)(3) of act Aug. 14,
1946, ch. 964, 60 Stat. 1063, as amended, set out as a note under
sections 1001 to 1005d of Title 7, Agriculture, except with respect of
housing projects and such other properties and assets in process of
liquidation.
Federal Housing Administration consolidated with other agencies into
National Housing Agency during World War II, see Ex. Ord. No. 9070.
Functions of National Housing Agency with respect to non-farm-
housing projects and other properties remaining under its jurisdiction
pursuant to section 2(a)(3) of act Aug. 14, 1946, transferred to Public
Housing Commissioner by Reorg. Plan No. 3 of 1947, Sec. 4(b), eff. July
27, 1947, 12 F.R. 4983, 61 Stat. 955, set out in the Appendix to Title
5.
Federal Housing Administration to be administered by Federal Loan
Administrator within Federal Loan Agency, see Reorg. Plan No. I of 1939,
Sec. 402, eff. July 1, 1939, 4 F.R. 2730, 53 Stat. 1429 set out in the
Appendix to Title 5.
Executive Order No. 7058
Ex. Ord. No. 7058, May 29, 1935, authorized Federal Housing
Administrator to adopt a seal for Federal Housing Administration,
provided that copies of any books, records, papers, documents,
agreements, orders, rules, or regulations of Administration were
admissible in evidence equally with originals thereof, and empowered
Administrator or his designee to certify or exemplify copies of any
books, records, papers, or documents of Administration.
Executive Order No. 7280
Ex. Ord. No. 7280, Jan. 28, 1936, was issued as evidence of creation
of Federal Housing Administration and validated and confirmed creation
thereof.
Section Referred to in Other Sections
This section is referred to in title 42 section 1591a.
