§ 712a. — Limitation of obligations for administrative expenses of certain agencies; limitation on life of certain agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC712a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15--ECONOMIC RECOVERY
SUBCHAPTER I--GENERALLY
Sec. 712a. Limitation of obligations for administrative expenses
of certain agencies; limitation on life of certain agencies
(a) Notwithstanding any other provision of law, none of the
establishments or agencies named in subsection (b) of this section
shall, after June 30, 1937, incur any obligations for administrative
expenses, except pursuant to an annual appropriation specifically
therefor, nor shall any such establishment or agency continue to
function after said date unless established by or pursuant to law:
Provided, That nothing contained in this section shall be construed to
extend the period during which any such establishment or agency
heretofore has been authorized by law to function.
(b) [1., 2. Repealed] 3. Federal Housing Administration; 4. Federal
Surplus Commodities Corporation; 5. Export-Import Bank of the United
States; 6. Second Export-Import Bank of Washington, District of
Columbia; 7. Reconstruction Finance Corporation; 8. Electric Home and
Farm Authority; 9. Commodity Credit Corporation; 10. Federal Emergency
Administration of Public Works; [11. Repealed] 12. Reconstruction
Finance Mortgage Company.
(June 22, 1936, ch. 689, Sec. 7, 49 Stat. 1647; Pub. L. 87-353,
Sec. 3(l), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-267, Sec. 1(a), Mar.
13, 1968, 82 Stat. 47; Pub. L. 101-73, title VII, Sec. 741, Aug. 9,
1989, 103 Stat. 436.)
Amendments
1989--Subsec. (b). Pub. L. 101-73 struck out ``1. Federal Home Loan
Bank Board; 2. Home Owners' Loan Corporation;'' and ``11. Federal
Savings and Loan Insurance Corporation;''.
1961--Subsec. (b). Pub. L. 87-353 struck out item 4. Federal Farm
Mortgage Corporation and redesignated former items 5 to 13 as 4 to 12,
respectively.
Transfers of Functions and Changes in Names
Home Owners' Loan Corporation, Federal Savings and Loan Insurance
Corporation, and Federal Home Loan Bank Board consolidated into National
Housing Agency during World War II by Ex. Ord. No. 9070, Feb. 24, 1942.
Subsequently, Home Owners' Loan Corporation, Federal Savings and Loan
Insurance Corporation, and Federal Home Loan Bank Board consolidated
into Housing and Home Finance Agency by Reorg. Plan No. 3 of 1947, eff.
July 27, 1947, 12 F.R. 4981, 61 Stat. 954, which created Home Loan Bank
Board as a constituent agency thereof and transferred to such Board
functions of Federal Savings and Loan Insurance Corporation. Pursuant to
act Aug. 11, 1955, ch. 783, title I, Sec. 109(a)(3), 69 Stat. 640, Home
Loan Bank Board made an independent agency (including Federal Savings
and Loan Insurance Corporation) and its name changed to Federal Home
Loan Bank Board. Home Owners' Loan Corporation abolished by act June 30,
1953, ch. 170, Sec. 21, 67 Stat. 126. Federal Home Loan Bank Board
abolished and its functions transferred, see sections 401 to 406 of Pub.
L. 101-73, set out as a note under section 1437 of Title 12, Banks and
Banking.
Federal Housing Administration consolidated into National Housing
Agency during World War II by Ex. Ord. No. 9070, Feb. 24, 1942. Federal
Housing Administration subsequently consolidated into Housing and Home
Finance Agency by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R.
4981, 61 Stat. 954. Functions, powers, and duties of the Federal Housing
Administration thereafter transferred to Secretary of Housing and Urban
Development. See section 3534(a) of Title 42, The Public Health and
Welfare.
Federal Surplus Commodities Corporation, which was included in
Surplus Marketing Administration by Reorg. Plan No. III of 1940, Sec. 5,
eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, consolidated into
Agricultural Marketing Administration by Ex. Ord. No. 9069, Feb. 23,
1942. Agricultural Marketing Administration consolidated into Food
Distribution Administration of Department of Agriculture by Ex. Ord. No.
9280, Dec. 5, 1942. Food Distribution Administration consolidated into
War Food Administration in Department of Agriculture by Ex. Ord. No.
9322, Mar. 26, 1943, 8 F.R. 3807, as amended by Ex. Ord. No. 9334, Apr.
19, 1943, 8 F.R. 5423. War Food Administration terminated and functions
transferred to Secretary of Agriculture by Ex. Ord. No. 9577, June 29,
1945, 10 F.R. 8087. Functions of Surplus Marketing Administration
transferred to Secretary of Agriculture by Reorg. Plan No. 3 of 1946,
Sec. 501, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.
Export-Import Bank of Washington was set out as one of several
agencies for which Federal Loan Administrator should supervise
administration and be responsible for coordination of functions and
activities by 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, Government
Organization and Employees. Bank terminated by act July 31, 1945, ch.
341, Sec. 10, 59 Stat. 529, and a new Export-Import Bank of Washington
was created by such act, which is set out as chapter 6A (Sec. 635 et
seq.) of Title 12, Banks and Banking. ``Export-Import Bank of
Washington'' changed to ``Export-Import Bank of the United States'' to
conform to such change in name in Act July 31, 1945, provided for in
section 1(a) of Pub. L. 90-267, Mar. 13, 1968, 82 Stat. 47.
Second Export-Import Bank of Washington, D.C. was established under
Ex. Ord. No. 6638, Mar. 9, 1934. Its commitments were transferred to
Export-Import Bank of Washington (see above) and it was abolished by Ex.
Ord. No. 7365, May 7, 1936, 1 F.R. 372.
Federal Loan Agency's and Federal Loan Administrator's functions and
duties relating to Reconstruction Finance Corporation, Reconstruction
Finance Mortgage Company, Electric Home and Farm Authority and Export-
Import Bank of Washington, and other agencies, transferred to Department
of Commerce, during World War II, see Ex. Ord. No. 9071, Feb. 24, 1942,
7 F.R. 1531. By act Feb. 24, 1945, ch. 4, 59 Stat. 5, former sections
1801 to 1805 of Title 12, Federal Loan Agency was reconstituted an
independent establishment of Federal Government, and was abolished and
its property and functions transferred to Reconstruction Finance
Corporation by act June 30, 1947, ch. 166, title II, Sec. 204, 61 Stat.
208. Section 6(a) of 1957 Reorg. Plan No. 1, eff. June 30, 1957, 22 F.R.
4633, 71 Stat. 647, set out as a note under section 601 of this title,
abolished Reconstruction Finance Corporation.
Electric Home and Farm Authority was set out as one of several
agencies for which Federal Loan Administrator should supervise
administration and be responsible for coordination of functions and
activities, by 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, Government
Organization and Employees.
Electric Home and Farm Authority, Inc., was authorized by Ex. Ord.
No. 6514, Dec. 19, 1933. Existence continued until February 1, 1937, by
act Mar. 31, 1936, ch. 163, Sec. 1, 49 Stat. 1186; extended to ``close
of business on June 30, 1939'' by act Jan. 26, 1937, ch. 6, Sec. 2, 50
Stat. 5; to ``June 30, 1941'' by act Mar. 4, 1939, ch. 4, 53 Stat. 510
and to Jan. 22, 1947, by act June 10, 1941, ch. 190, Sec. 2, 55 Stat.
248. Said Authority dissolved on Oct. 13, 1942, by Ex. Ord. No. 9256,
Oct. 13, 1942, 7 F.R. 8334, and for purposes of liquidation and payment
of liabilities all assets, funds, records, contracts, personnel, and
property were transferred to former Reconstruction Finance Corporation.
Commodity Credit Corporation, Federal Farm Mortgage Corporation, and
Farm Credit Administration, and their functions and activities, together
with their respective personnel, records, and property transferred to
Department of Agriculture by Reorg. Plan No. I of 1939, Sec. 401, eff.
July 1, 1939, 4 F.R. 2730, 53 Stat. 1429, set out in the Appendix to
Title 5, Government Organization and Employees. Administration of
program of Commodity Credit Corporation and functions of Federal Surplus
Commodities Corporation transferred to Secretary of Agriculture by
Reorg. Plan No. 3 of 1946, Sec. 501, eff. July 16, 1946, 11 F.R. 7877,
60 Stat. 1100. See also notes under section 713 of this title.
Federal Emergency Administration of Public Works, created by act
June 16, 1933, ch. 90, title II, Sec. 201, 48 Stat. 200, transferred to
Federal Works Agency to be administered as Public Works Administration
by Reorg. Plan No. I of 1939, Secs. 301 and 305, eff. July 1, 1939, 4
F.R. 2729, 2730, 53 Stat. 1426, 1428. Federal Emergency Administration
of Public Works further continued to June 30, 1940, by Res. of June 21,
1938, ch. 554, title II, Sec. 202, 52 Stat. 817. The act of June 16,
1933, ch. 90, title II, terminated June 30, 1943, by provisions of act
June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Ex. Ord. No. 9357, June
30, 1943, 8 F.R. 9041, transferred functions of Public Works
Administration to office of Federal Works Administrator.
For changes affecting other agencies enumerated in subsection (b) of
this section, see Reorg. Plan No. I of 1939, Secs. 301, 305, 401, 402,
eff. July 1, 1939, 4 F.R. 2729, 2730, 53 Stat. 1426, 1428, 1429, and
Reorg. Plan No. III of 1940, Sec. 5, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232. Reorganization Plans I and III are set out in the Appendix
to Title 5, Government Organization and Employees.
Exceptions From Transfer of Functions
Functions of corporations of Department of Agriculture, boards of
directors and officers of such corporations; Advisory Board of Commodity
Credit Corporation; and Farm Credit Administration or any agency,
officer or entity of, under, or subject to the supervision of the
Administration excepted from functions of officers, agencies and
employees transferred to Secretary of Agriculture by Reorg. Plan No. 2
of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out
in the Appendix to Title 5, Government Organization and Employees.
Applicability to National Housing Agency; Transfer of Funds; Report to
Congress
Act May 3, 1945, ch. 106, title I, Sec. 101, 59 Stat. 122, provided
in part: ``Section 7 of the First Deficiency Appropriation Act, 1936
[this section], shall continue to apply to administrative expenses of
and for the constituent units of the National Housing Agency mentioned
in said section 7 [this section] and shall also apply to such expenses
of said National Housing Agency in connection with the functions and
purposes of said constituent units, and none of the funds made available
by this Act [act May 3, 1945, ch. 106, title I, Sec. 101, 59 Stat. 106]
for such administrative expenses shall be obligated or expended unless
and until an appropriate appropriation account shall have been
established therefor pursuant to an appropriation warrant or a covering
warrant, and all such expenditures shall be accounted for and audited in
accordance with the Budget and Accounting Act, as amended [see chapters
11 and 35 of Title 31, Money and Finance]: Provided further, That the
Administrator may, with the approval of the President of the United
States, transfer to this authorization or to an authorization of a
constituent unit from funds available for administrative expenses of the
constituent units or the Office of the Administrator such additional
sums as represent a consolidation in the Office of the Administrator or
in a constituent unit of any of the administrative functions of the
National Housing Agency; but no such transfer of funds shall be made
unless the consolidation will result in a reduction in manpower and a
savings in administrative expenses, which savings shall not be used for
administrative expenses but instead shall be returned to or remain in
the funds from which administrative expenses are drawn under this
authorization: Provided further, That a report of such transfers and the
savings effected thereby shall be submitted to Congress in the annual
budget.''
Similar provisions were contained in acts June 26, 1943, ch. 145,
title I, Sec. 101, 57 Stat. 184; June 27, 1944, ch. 286, title I,
Sec. 101, 58 Stat. 375.
Section Referred to in Other Sections
This section is referred to in title 42 section 1406a.