Separate accountability of assets and liabilities
1
Issuance of obligations to expedite substitution of private financing
For the purposes of this section and to assure that, to the maximum extent, and as rapidly as possible, private financing will be substituted for Treasury borrowings otherwise required to carry mortgages held under the aforesaid separate accountability, the Association is authorized to issue, upon the approval of the Secretary of the Treasury, and have outstanding at any one time obligations having such maturities and bearing such rate or rates of interest as may be determined by the Association with the approval of the Secretary of the Treasury, to be redeemable at the option of the Association before maturity in such manner as may be stipulated in such obligations; but in no event shall any such obligations be issued if, at the time of such proposed issuance, and as a consequence thereof, the resulting aggregate amount of its outstanding obligations under this subsection would exceed the amount of the Association’s ownership under the aforesaid separate accountability, free from any liens or encumbrances, of cash, mortgages, and obligations of the United States or guaranteed thereby, or obligations, participations, or other instruments which are lawful investments for fiduciary, trust or public funds. The proceeds of any private financing effected under this subsection shall be paid to the Secretary of the Treasury in reduction of the indebtedness of the Association to the Secretary of the Treasury under the aforesaid separate accountability. The Association shall insert appropriate language in all of its obligations issued under this subsection clearly indicating that such obligations, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or of any agency or instrumentality thereof other than the Association. The Association is authorized to purchase in the open market any of its obligations outstanding under this subsection at any time and at any price.
Cutoff date as controlling purchases; total amount of mortgages and commitments
1ProvidedAnd provided furtherNo mortgage shall be purchased by the Association in its operations under this section except pursuant to and in accordance with the terms of a contract or commitment to purchase the same made prior to the cutoff date provided for in section 1718(d) of this title, which contract or commitment became a part of the aforesaid separate accountability, and the total amount of mortgages and commitments held by the Association under this section shall not, in any event, exceed $3,350,000,000: , That such maximum amount shall be progressively reduced by the amount of cash realizations on account of principal of mortgages held under the aforesaid separate accountability and by cancellation of any commitments to purchase mortgages thereunder, as reflected by the books of the Association, with the objective that the entire aforesaid maximum amount shall be eliminated with the orderly liquidation of all mortgages held under the aforesaid separate accountability: , That nothing in this subsection shall preclude the Association from granting such usual and customary increases in the amounts of outstanding commitments (resulting from increased costs or otherwise) as have theretofore been covered by like increases in commitments granted by the agencies of the Federal Government insuring or guaranteeing the mortgages. There shall be excluded from the total amounts set forth in this subsection the amounts of any mortgages which, subsequent to , are transferred by law to the Association and held under the aforesaid separate accountability.
Issuance of obligations sufficient to carry out functions; character; purchase
The Association may issue to the Secretary of the Treasury its obligations in an amount outstanding at any one time sufficient to enable the Association to carry out its functions under this section, such obligations to mature not more than five years from their respective dates of issue, to be redeemable at the option of the Association before maturity in such manner as may be stipulated in such obligations. Each such obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the issuance of the obligation of the Association. The Secretary of the Treasury is authorized to purchase any obligations of the Association to be issued under this section, and for such 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 chapter 31 of title 31 are extended to include any purchases of the Association’s obligations hereunder.
Acquisition of mortgages offered by Secretary of Housing and Urban Development
Notwithstanding any other provision of law, the Association is authorized, under the aforesaid separate accountability, to make commitments to purchase, and to purchase, service, or sell any obligations offered to it by the Secretary of Housing and Urban Development, or any mortgages covering residential property offered to it by any Federal instrumentality, or the head thereof. These shall be excluded from the total amounts set forth in subsection (c) the amounts of any obligations or mortgages purchased by the Association pursuant to this subsection.
Transfer of funds
11Notwithstanding any of the provisions of this chapter or of any other law, an amount equal to the net decrease for the preceding fiscal year in the aggregate principal amount of all mortgages owned by the Association under this section shall, as of July 1 of each of the years 1961 through 1964, be transferred to and merged with the authority provided under section 1720(a) of this title, and the amount of such authority as specified in section 1720(c) of this title shall be increased by any amounts so transferred.
Guarantee of principal and interest on trust certificates and other securities; fees and charges; subrogation; contract for extinguishment of right, title, or interest in mortgages; protection of interests; full faith and credit; commitments limited; limitation on fees or charges
June 27, 1934, ch. 84748 Stat. 1255July 1, 1948, ch. 784, § 162 Stat. 1209Apr. 20, 1950, ch. 9464 Stat. 59Aug. 2, 1954, ch. 64968 Stat. 618Aug. 7, 1956, ch. 102970 Stat. 1097Pub. L. 86–372, title III73 Stat. 670Pub. L. 87–70, title VI, § 601(c)75 Stat. 176Pub. L. 88–560, title VII, § 701(b)(2)78 Stat. 800Pub. L. 89–117, title VIII, § 802(b)79 Stat. 494Pub. L. 90–19, § 1(k)81 Stat. 18Pub. L. 90–448, title VIII, § 804(b)82 Stat. 542Pub. L. 93–222, § 7(c)87 Stat. 936Pub. L. 96–399, title III, § 33594 Stat. 1654Pub. L. 97–35, title III, § 333(a)(3)95 Stat. 413Pub. L. 98–181, title I97 Stat. 1239Pub. L. 98–479, title II, § 203(a)(2)98 Stat. 2229Pub. L. 100–14101 Stat. 128Pub. L. 100–242, title IV, § 446101 Stat. 1922Pub. L. 101–625, title III, § 339104 Stat. 4147Pub. L. 102–550, title V106 Stat. 3793Pub. L. 103–66, title III, § 3004107 Stat. 339Pub. L. 103–120, § 10107 Stat. 1151Pub. L. 104–120, § 7110 Stat. 836Pub. L. 104–330, title VII, § 701(k)110 Stat. 4050Pub. L. 105–244, title IX, § 972(a)112 Stat. 1837Pub. L. 107–326, § 4116 Stat. 2793Pub. L. 108–199, div. A, title VII, § 774118 Stat. 40Pub. L. 115–174, title III, § 309(b)132 Stat. 1350Pub. L. 116–33, § 2(a)133 Stat. 1038(, title III, § 306, ; , ; , title I, § 122, ; , title II, § 201, ; , title II, § 209, ; , §§ 305(a), 306(a), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; [title IV, § 481], , ; , , ; , , ; , , ; , , ; , §§ 531, 532, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 1716 of this titlePub. L. 101–73, title VII, § 731(m)(1)(B)103 Stat. 435Pub. L. 102–550, title XIII, § 1381(a)(3)106 Stat. 3994Paragraph (c) of , referred to in subsec. (a), was redesignated par. (4) of section 1716 by , , . Par. (4) of section 1716 was redesignated par. (5) by , , .
Section 1718(d) of this titlePub. L. 93–383, title VIII, § 806(i)88 Stat. 728, referred to in subsecs. (a) and (c), authorizing the issuance of preferred stock to the Secretary of the Treasury, was repealed by , , .
Section 1720 of this titlePub. L. 98–181, title I97 Stat. 1240, referred to in subsec. (f), was repealed by [title IV, § 483(a)], , .
act July 15, 1949, ch. 33863 Stat. 413section 1441 of Title 42The Housing Act of 1949, referred to in subsec. (g)(1), (3)(A), is , . Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act June 22, 1944, ch. 26858 Stat. 284section 14(87) of Pub. L. 85–85772 Stat. 1273section 101 of Title 38The Servicemen’s Readjustment Act of 1944, referred to in subsec. (g)(1), (3)(A), is , , which was classified generally to chapter 11C (§§ 693 to 697g) of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and which was repealed by , , , the first section of which enacted Title 38, Veterans’ Benefits. For distribution of sections 693 to 697g of former Title 38 to Title 38, Veterans’ Benefits, see Table preceding .
act July 1, 1944, ch. 37358 Stat. 682act July 1, 1944, ch. 373Pub. L. 93–222, § 287 Stat. 914section 201 of Title 42The Public Health Service Act, referred to in subsec. (g)(1), is , . Title XIII of the Public Health Service Act, is title XIII of , as added by act , , , which is classified generally to subchapter XI (§ 300e et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 116–33section 1715z–13a of this title2019—Subsec. (g)(1). struck out “The Association may not guarantee the timely payment of principal and interest on a security that is backed by a mortgage insured or guaranteed under chapter 37 of title 38 and that was refinanced until the later of the date that is 210 days after the date on which the first monthly payment is made on the mortgage being refinanced and the date on which 6 full monthly payments have been made on the mortgage being refinanced.” after “guaranteed under .”
Pub. L. 115–174section 1715z–13a of this title2018—Subsec. (g)(1). inserted “The Association may not guarantee the timely payment of principal and interest on a security that is backed by a mortgage insured or guaranteed under chapter 37 of title 38 and that was refinanced until the later of the date that is 210 days after the date on which the first monthly payment is made on the mortgage being refinanced and the date on which 6 full monthly payments have been made on the mortgage being refinanced.” after “guaranteed under .”
Pub. L. 108–1992004—Subsec. (g)(1). , in first sentence, struck out “or title V of the Housing Act of 1949” after “mortgages which are insured under this chapter” and inserted “, title V of the Housing Act of 1949,” after “1944”.
Pub. L. 107–326Pub. L. 105–244, § 972(a)2002—Subsec. (g)(3)(A). repealed . See 1998 Amendment note below.
Pub. L. 105–244, § 972(a)Pub. L. 107–3261998—Subsec. (g)(3)(A). , which directed amendment of subpar. (A), effective , by substituting “The Association shall assess and collect a fee in an amount equal to nine basis points” for “No fee or charge in excess of 6 basis points may be assessed or collected by the United States (including any executive department, agency, or independent establishment of the United States)”, was repealed by . See 2002 Amendment note above and Effective Date of 1998 Amendment note below.
Pub. L. 104–330section 1715z–13a of this title1996—Subsec. (g)(1). inserted before period at end of first sentence “; or guaranteed under ”.
Pub. L. 104–120section 661a of title 2Subsec. (g)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding any other provision of law and subject only to the absence of qualified requests for guarantees, to the authority provided in this subsection, and to the extent of or in such amounts as any funding limitation approved in appropriation Acts, the Association shall enter into commitments to issue guarantees under this subsection in an aggregate amount of $107,700,000,000 during fiscal year 1993 and $91,696,000,000 during fiscal year 1994. There is authorized to be appropriated such sums as may be necessary to cover the costs (as such term is defined in ) of guarantees issued under this chapter by the Association.”
Pub. L. 103–1201993—Subsec. (g)(2). substituted “$107,700,000,000” for “$88,000,000,000”.
Pub. L. 103–66Subsec. (g)(3)(E). added subpar. (E).
Pub. L. 102–550, § 5321992—Subsec. (g)(1). , inserted after third sentence “In any case in which (I) Federal law requires the reduction of the interest rate on any mortgage backing a security guaranteed under this subsection, (II) the mortgagor under the mortgage is a person in the military service, and (III) the issuer of such security fails to receive from the mortgagor the full amount of interest payment due, the Association may make payments of interest on the security in amounts not exceeding the difference between the amount payable under the interest rate on the mortgage and the amount of interest actually paid by the mortgagor.”
Pub. L. 102–550, § 531Subsec. (g)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding any other provision of law and subject only to the absence of qualified requests for guarantees, to the authority provided in this subsection, and to the extent of or in such amounts as any funding limitation approved in appropriation Acts, the Association shall enter into commitments to issue guarantees under this subsection in an aggregate amount of $84,982,000,000 during fiscal year 1991 and $88,296,000,000 during fiscal year 1992.”
Pub. L. 101–6251990—Subsec. (g)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding any other provision of law and subject only to the absence of qualified requests for guarantees, to the authority provided in this subsection, and to any funding limitation approved in appropriation Acts, the Association shall enter into commitments to issue guarantees under this subsection in an aggregate amount of $150,000,000,000 for fiscal year 1988, and $156,000,000,000 for fiscal year 1989.”
Pub. L. 100–2421988—Subsec. (g)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding any other provision of law and subject only to the absence of qualified requests for guarantees, to the authority provided in this subsection, and to any funding limitation approved in appropriation Acts, the Association shall enter into commitments for each of the fiscal years 1984 and 1985 to issue guarantees under this subsection for each such fiscal year in an aggregate amount of $68,250,000,000.”
Pub. L. 100–141987—Subsec. (g)(3). added par. (3).
Pub. L. 98–4791984—Subsec. (d). substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as now or hereafter in force” in two places.
Pub. L. 98–1811983—Subsec. (g)(2). substituted “Notwithstanding any other provision of law and subject only to the absence of qualified requests for guarantees, to the authority provided in this subsection, and to any funding limitation approved in appropriation Acts, the Association shall enter into commitments for each of the fiscal years 1984 and 1985 to issue guarantees under this subsection for each such fiscal year in an aggregate amount of $68,250,000,000” for “During fiscal year 1982, the Association may not enter into commitments to issue guarantees under this subsection in an aggregate amount in excess of $69,542,000,000”.
Pub. L. 97–351981—Subsec. (g). redesignated existing provisions as par. (1), substituted “(i)” for “(1)” and “(ii)” for “(2)”, and added par. (2).
Pub. L. 96–3991980—Subsec. (g). inserted provisions relating to Federal, State, or local law, and substituted “The Association is hereby” for “Any Federal, State, or other law to the contrary notwithstanding, the Association is hereby”.
Pub. L. 93–2221973—Subsec. (g). included mortgages which are guaranteed under title XIII of the Public Health Service Act.
Pub. L. 90–4481968—Subsec. (g). added subsec. (g).
Pub. L. 90–191967—Subsec. (e). substituted “Secretary of Housing and Urban Development” for “Housing and Home Finance Agency or its Administrator, or by such Agency’s constituent units or agencies or the heads thereof”.
Pub. L. 89–1171965—Subsec. (e). authorized Association to deal in any obligations offered to it by Housing and Home Finance Agency or its Administrator or by such Agency’s units or agencies or by heads thereof as well as residential mortgages offered to it by any Federal instrumentality, or head thereof.
Pub. L. 88–5601964—Subsec. (b). substituted “or obligations, participations, or other instruments which are lawful investments” for “or obligations which are lawful investments”.
Pub. L. 87–701961—Subsec. (f). added subsec. (f).
Pub. L. 86–372, § 305(a)1959—Subsec. (b). , substituted “and obligations of the United States or guaranteed thereby, or obligations which are lawful investments for fiduciary, trust, or public funds” for “and bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States”.
Pub. L. 86–372, § 306(a)Subsec. (e). , added subsec. (e).
1956—Subsec. (c). Act , § 209(a), struck out “and subsection (e) of this section” after “set forth in this subsection” in last sentence.
section 1720 of this titleSubsec. (e). Act , § 209(b), repealed provisions which related to applicability of prior authorized total amount of investments, etc., to functions under this section and .
1954—Act , amended section generally by substituting new provisions and subdividing section into subsecs. (a) to (e).
1950—Act , substituted “Commissioner” for “Administrator” wherever appearing.
1948—Act , amended section generally to provide for liquidation of Association.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–244, title IX, § 972(b)112 Stat. 1837Pub. L. 107–326, § 4116 Stat. 2793, , , which provided that the amendment made by section 972 was effective , was repealed by , , .
Effective Date of 1996 Amendment
Pub. L. 104–120section 13(a) of Pub. L. 104–120section 1437d of Title 42Amendment by to be construed to have become effective , see , set out as an Effective and Termination Dates of 1996 Amendments note under , The Public Health and Welfare.
Effective Date of 1981 Amendment
Pub. L. 97–35section 371 of Pub. L. 97–35section 3701 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1968 Amendment
Pub. L. 90–448section 808 of Pub. L. 90–448section 1716b of this titleFor effective date of amendment by title VIII of , see , set out as an Effective Date note under .
Construction of 2019 Amendment
Pub. L. 116–33, § 2(c)133 Stat. 1039
Authorization To Enter Into Additional Commitments To Insure Loans and Guarantee Mortgage-Backed Securities During Specific Fiscal Years; Temporary Extension of Certain Programs Relating to Housing and Community Development
Pub. L. 100–122, § 1101 Stat. 793
Pub. L. 99–349, title I100 Stat. 728
12 U.S.C. 1721“The applicable limitation on new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act [] during fiscal year 1986 is increased by an additional $49,000,000,000 of principal.”
FEDERAL HOUSING ADMINISTRATION FUND.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION GUARANTEES OF MORTGAGE-BACKED SECURITIES.
12 U.S.C. 1721“The applicable limitation on new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act [] during fiscal year 1986 is increased by an additional $60,684,750,000 of principal.
ADMINISTRATIVE PROVISION.
Special Assistance Functions Fund; Transfer of Funds
Pub. L. 98–371, title I98 Stat. 1218section 1720 of this titlesection 1720(d) of this title, , , directed Secretary to transfer all assets acquired and liabilities incurred pursuant to to management and liquidating functions fund established pursuant to this section, and that on , each outstanding obligation issued by Secretary of Housing and Urban Development to Secretary of the Treasury pursuant to , together with any promise to repay principal and unpaid interest which had accrued on each obligation, and any other term or condition specified by each such obligation, was canceled.
Emergency Mortgage Purchase Assistance; Transfer of Funds
section 1723e of this titlePub. L. 98–371section 1723e of this titleFor transfer of all assets acquired and liabilities incurred pursuant to to management and liquidating functions fund established by this section, with provision for cancellation of obligations, see title I [part] of , set out as a note under .
Administrative Expenses in Connection With the Sale of Certain Mortgages to the Federal National Mortgage Association
Pub. L. 86–372, title III, § 306(b)73 Stat. 670Pub. L. 90–19, § 16(b)81 Stat. 25Pub. L. 90–448, title VIII, § 807(a)82 Stat. 544