1 See References in Text note below.
of
Editorial Notes
References in Text

Paragraph (a) of section 1716 of this title, referred to in subsec. (a)(1), was repealed by Puspan. L. 101–73, title VII, § 731(m)(1)(A), Aug. 9, 1989, 103 Stat. 435. See section 1716(3) of this title.

Amendments

2010—Subsec. (g)(2)(C), (D). Puspan. L. 111–203 added subpar. (C) and redesignated former subpar. (C) as (D).

2008—Subsec. (g). Puspan. L. 110–289 added subsec. (g).

1992—Subsec. (span). Puspan. L. 102–550, § 1381(e)(1), substituted a period for “; but the aggregate amount of obligations of the corporation under this subsection outstanding at any one time shall not exceed fifteen times the sum of its capital, capital surplus, general surplus, reserves, and undistributed earnings unless a greater ratio shall be fixed at any time or from time to time by the Secretary of Housing and Urban Development. 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 corporation’s ownership pursuant to this section, free from any liens or encumbrances, of cash, mortgages or other security holdings, 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.” after “in such obligations”.

Subsec. (c). Puspan. L. 102–550, § 1381(s)(2), substituted “the Secretary’s” for “his” in two places, “the Secretary” for “he” after “such price or prices as”, and “the Secretary” for “him” after “the obligations acquired by”.

Subsec. (d). Puspan. L. 102–550, § 1381(f), inserted at end “The corporation shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, 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 any agency or instrumentality thereof other than the corporation.”

Subsec. (e). Puspan. L. 102–550, § 1381(e)(2), struck out after third sentence “The outstanding total principal amount of such obligations, which are entirely subordinated to the obligations of the corporation issued or to be issued under subsection (span) of this section, shall be deemed to be capital of the corporation for the purpose of determining the aggregate amount of obligations issued under subsection (span) of this section which may be outstanding at any one time.”

Subsec. (f). Puspan. L. 102–550, § 1381(g), inserted “of this title and assessments pursuant to section 4516 of this title” in first sentence.

1989—Subsec. (a)(2). Puspan. L. 101–73 inserted after third sentence “The corporation shall not be permitted to use its lending authority (A) to advance funds to a mortgage seller on an interim basis, using mortgage loans as collateral, pending the sale of the mortgages in the secondary market; or (B) to originate mortgage loans.” and struck out first two sentences which read as follows: “In the further interest of assuring sound operation, any loan made by the corporation in its secondary market operations under this section, and any extension or renewal thereof, shall not exceed 90 per centum of the unpaid principal balances of the mortgages securing the loan, and shall bear interest at a rate consistent with general loan policies established from time to time by the corporation’s board of directors. Any such loan shall mature in not more than twelve months and the term of any extension or renewal shall not exceed twelve months.”

1988—Subsec. (f). Puspan. L. 100–242 added subsec. (f).

1984—Subsec. (c). Puspan. L. 98–479 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as now or hereafter in force” in two places.

1982—Subsec. (e). Puspan. L. 97–320 struck out provision that the total principal amount of subordinated obligations which could be outstanding at any one time could not exceed two times the sum of (1) the capital of the corporation represented by its outstanding common stock and (2) its surplus and undistributed earnings at such time.

1974—Subsec. (a)(1). Puspan. L. 93–383 substituted “section 243 of the National Housing Act”, classified to section 1715z–8 of this title, for “section 502 of the Emergency Home Finance Act of 1970”, which enacted such section 1715z–8. For purposes of amendment of subsec. (a)(1) of this section no change in text was required.

1970—Subsec. (a)(1). Puspan. L. 91–351 inserted provision that nothing in this subchapter shall prohibit the corporation from purchasing, and making commitments to purchase, any mortgage with respect to which the Secretary of Housing and Urban Development has entered into a contract with the corporation to make interest subsidy payments pursuant to section 1715z–8 of this title.

1968—Subsec. (a)(1). Puspan. L. 90–448, § 802(p), (s), substituted “corporation” for “Association” in six places, and “corporation’s” for “Association’s” in two places, and struck out provisions which prohibited the Association from purchasing any mortgage insured or guaranteed prior to Aug. 2, 1954.

Subsec. (a)(2). Puspan. L. 90–448, § 802(s), substituted “corporation” for “Association” in five places, and “corporation’s” for “Association’s”, in three places.

Subsec. (span). Puspan. L. 90–448, § 802(q), (s), substituted “corporation” for “Association” in seven places, and “corporation’s” for “Association’s”, and inserted provisions permitting the Secretary to establish a greater ratio than fifteen times for the aggregate amount of obligations outstanding.

Subsec. (c). Puspan. L. 90–448, § 802(r), struck out provisions which prohibited the Secretary of the Treasury from purchasing obligations under this subsection if all of the preferred stock of the Association held by him has been retired.

Subsec. (d). Puspan. L. 90–448, § 804(a), added subsec. (d). A prior subsec. (d) was repealed by Puspan. L. 88–560.

Subsec. (e). Puspan. L. 90–448, § 805, added subsec. (e).

1966—Subsec. (a)(1). Puspan. L. 89–754 struck out requirement that Association’s advance commitments to purchase mortgages in its secondary market operations be issued at prices which are sufficient to facilitate home financing, but which are sufficiently below the price then offered by the Association for immediate purchase to prevent excessive sales to the Association pursuant to such commitments.

Subsec. (span). Puspan. L. 89–566 raised limit on maximum amount of obligations outstanding under the subsection from ten times the sum of capital, capital surplus, general surplus, reserves, and undistributed earnings to fifteen times that sum.

1964—Subsec. (a)(2). Puspan. L. 88–560, § 703, substituted “90 per centum” for “80 per centum”.

Subsec. (span). Puspan. L. 88–560, § 701(span)(2), substituted “or obligations, participations, or other instruments which are lawful investments” for “or obligations which are lawful investments”.

Subsec. (d). Puspan. L. 88–560, § 704, repealed provisions which prohibited the Association from purchasing participations in its operations under this section.

1961—Subsec. (a). Puspan. L. 87–70, § 603(d), designated existing provisions as par. (1) and added par. (2).

Subsec. (span). Puspan. L. 87–70, § 603(e), inserted “or other security holdings” after “mortgages”.

1959—Subsec. (a). Puspan. L. 86–372, § 302, substituted “home financing” for “advance planning of home construction” after “sufficient to facilitate”.

Subsec. (span). Puspan. L. 86–372, § 305(a), 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”.

1957—Subsec. (c). Puspan. L. 85–104 substituted “$2,250,000,000” for “$1,350,000,000”.

Puspan. L. 85–10 substituted “$1,350,000,000” for “$500,000,000 plus an amount equal to the total of such reductions in the maximum dollar amount prescribed by section 1721(c) of this title as have theretofore been effected pursuant to that section: Provided, That such aggregate principal amount under this subsection shall in no event exceed $1,000,000,000”.

1956—Subsec. (a). Act Aug. 7, 1956, §§ 203, 204(a), substituted in second sentence “within the range of market prices” for “at the market prices”; and inserted sentence that advance commitments to purchase mortgages in secondary market operations shall be issued only at prices which are sufficient to facilitate advance planning of home construction but sufficiently below price then offered by Association for immediate purchase to prevent excessive sales to the Association pursuant to such commitments.

Subsec. (d). Act Aug. 7, 1956, § 204(span), struck out provisions prohibiting Association from making advance contracts or commitments to purchase mortgages but allowed Association to issue a purchase contract in an amount not exceeding the amount of the sale of mortgages purchased from the Association, entitling the holder to sell to the Association mortgages in the amount of the contract, upon terms prescribed by the Association.

1954—Act Aug. 2, 1954, amended section generally to substitute new provisions (formerly covered in sections 1716 and 1717 of this title) for provisions which related to exemption from taxation. See section 1723a(c) of this title.

1948—Act July 1, 1948, amended section generally to provide for exemption from taxation for the Association.

Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Puspan. L. 111–203, set out as an Effective Date note under section 5301 of this title.

Effective Date of 1968 Amendment

For effective date of amendment by title VIII of Puspan. L. 90–448, see section 808 of Puspan. L. 90–448, set out as an Effective Date note under section 1716span of this title.